HomeMy WebLinkAbout06-2191IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL
DIVISION
CHASE MANHATTAN BANK, USA, N.A.
s/i/i/t BANK ONE DELAWARE, N.A., /J
No.
Plaintiff,
VS.
THOMAS M SHOEMAKER,
Defendant.
COMPLAINT
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA I.U. 947437
WELTMAN, WEIN13ERG & REIS CO.,
L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
W WR 904830648
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN BANK, USA, N.A.
s/i/i/t BANK ONE DELAWARE, N.A.
Plaintiff
vs. Civil Action No.
THOMAS M SHOEMAKER
Defendant
COMPLAINT IN CIVIL ACTION 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 ajudgment 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
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pa 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL
DIVISION
CHASE MANHATTAN BANK, USA, N.A.
s/Pih BANK ONE DELAWARE, N.A.,
Plaintiff,
vs.
THOMAS M SHOEMAKER,
Defendant.
No.
COMPLAINT
1. Plaintiff, Chase Manhattan Bank, is a corporation located in Wilmington, Delaware.
2. Defendant is an adult individual with a last known address of 10 Yorwick Rd,
Carlisle,Pa 17013.
3. On or before August 4, 1999, Plaintiff and Defendant entered into a Cardmember
Agreement for a credit card bearing the account number 5417124865334894. A true and correct copy
of the Cardmember Agreement is attached hereto, marked as Exhibit"I" and made a part hereof.
4. The Cardholder Agreement contains a provision to settle by arbitration any claim,
dispute or controversy arising from or relating in any way to the Cardholder Agreement.
5. Defendant made use of said credit card and has currently a balance due and owing to
Plaintiff, as of February 7, 2006, in the amount of $6,034.59.
6. Defendant is in default of the terms of the cardholder Agreement having not made
monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable.
7. Plaintiff avers that the Cardholder Agreement between the parties provides that
Plaintiff is entitled to the addition of finance charges at the rate of 6.0% per annum on the unpaid
balance.
8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed
and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Thomas M
Shoemaker individually, in the amount of $6,034.59 with continuing finance charges thereon at the rate
of 6.0% per annum from February 7, 2006 plus costs; or in the alternative, an order directing the parties
to arbitrate this dispute pursuant to the terms contained in the Cardholder Agreement.
Respectfully Submitted:
By:
William T. Mblczan, sire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
Cardmember Agreement
EXAOT
Bank One Original Agreement with 02.28.99 Amendment Incorporating Arbitration Prov.
and Full Bank One Agreement Post Merger with First USA Bank, N.A.
Page 1 of 12
r,ip, we mcerve your Iafter we cA nnul try m COIb6+rRra+rul n-
OVOXIIUn, Gr rcpon you AS Oebhgr Hem. WC i:.rn [nnbrupYtbinr I'n ILA'
. n,e runt you Dricstini: nctudmg lul:mrrt .:n. nllr:..nl.a r:R.:ay n, n..
unparo amovnl AgAmsl your ucd.l lima- rna In rµ/-_._L.. Vdy .v .
Wvshonr. J'amovnt wrote we are n vesegzbm? um Yorr lls" loo. nml
b Day me pans ol'you, bill that are IN in Drreslron
11 we find Ihnl we made a m,Stake on your bra. yon w•amw,e-m I-ly Anv
linance charges related to any pveshoned amom4 aulllvf¢I "Pke :r
mrslake. you mayhsve 10 Day linance charges. and viaoi?e+alc le honk.:
rip any missed payments a the quesbpnad;ar,N 0t. lelaiRSe. wC will
send you a slalemenl01111e amDVN you Du.C and Ine4'l'fOL Eat rLIC
II year fail to pay she Amount mal we llnnk you owe, wFaWrCAw1 Yuu d.+
deimat;wnl. However. I our eXpta na lion does not xdlri'4TYJp your write
W n5 wrlhm ICn day., teling VS that yorr Sill refuse 6PaC ! mnnl Tell
.r,nne we r cap, t you tD tb:rl you hA V V it Q. H:51rP1 .dp<prvya Ar NI ,Y
roust jell you the nanM ul anyone we rc poned you to WeirBM Ar,ur,
we rep0n you to lnal me matter has been settled "weeFGrnea 111.nAaY
,s.
nv,cooI IdbwThese,,,as we earl't coned Inc hrn$yi6'l+EpwYLOneJ
amount, ever) E your bill was correct.
Special Rule For Credit Card Purchases
If you have u problem with life quality of plopeny a s+i1a that you
p11161ased wiul A 11e011 card. And Youhave triedm gcraeaul'ale ra. r.:»hc
problem with the merchant. you may have the ligbl rlpsr+aeA'a1.runp
amoual due on the properly or services. There are aeDreE?renx to ihrz
light'.
You must have made the purchase in your home RasEalrgr w:I11r,1
lour home stale within too miles of your current maliE2aatns: and
The purchase price musthave bee,nowe than SSO.Teecrr®g11i0ns W
not apply if we own or operate the merchant, or t Ee limitaJ[ You the
advenlsemeal for the properly or services.
I ONE
?AAIKE
Sant, OFF,. NA
Coumbus. on. Member I'm
HN 8227
Page 2 of 12
CREDIT CARD
Cardholder Agreement
VISA`WaslerCardl" Cardholder Agreement
TMC AgIMnMm is to, "" "ed"r Ca"' YCO?m (Account) wnh Bann One,
NA thank OIMI ant the VISAIMA51e,[Ye rA,O(S) (Lard) Issued :o you In
VineClmrl with Foul ACCUun! Yy ant ?yo?r- mean any jp,jWjm of
IoM! applacanl far the Afcoum OF Any itelson uSing.lhe ACCOUnI or IIIA111
,aid$will, the eapresaU, nlph?d pnlr,ssion of any apDliC,n!'WC "us.
and "our' mean Bank 0,10. D... svraswq and asslgna. •
Tnn :1 a of file ALCD1rm 1w -w4 dick, lely.oolr. a. nlhenna, 5
an..i no(I try IIIY iollcwnNi I-it;h a1y0611011S,
1. A¢ounl Ownership. This Card rt vns but prupeny :and ant Account
may be cancelled by us at any lime sieloul prior notice ,'nit agree 10
-:a:endel the Ca,d and other accezsel.ees and lD orsc a ms.a u1,k7a,0a
at ;he Account by any means HhmoorMy upon ow aa,asl.
2. Credit Limit. We will assign a Crad,"I to yowl Accolml which we can
.ease o1 deoease at any time willofnolice. We may establish a credit
IF for cash advances which is 1u than Vie total Credit bma 101 your
Account. Your Claus hard. including Rlower credit •an..I fur cash ad
,,antes. if applicable, will be iellecledawyour billing slalemenl, )'our Agree
not to exceed that Credil ilmil. indu6rSltae lower 11mi1 lot cash advances.
3. Liabilily. You may be liable lot Ihehas. thell. or unaulhDnled use b1 flu,
Account. You war n61 Ile liable Ill V9udlorized use M'luCh occaS after
noDlylny us by 1Glephooe. m persla w in wfiling of the loss. theft. 01
nnautholiZed use at Bank One. NA.BanMard, Dep1.0S32. Columbus. OH
43271.0532.
In any case. liability will not exceed she lesser of S50 or the amount of
money, plopeny. or services oblpeie:b, such use prior to nolilic,t6oa to
us. If you have aUlhon:ed a0Diher nesdl to use your Card. and ynu wnnl
to terminate that persons authonly-yeu must recover the Card.
4. Promise to Pay. You pIDTRe b Pay lot an purchases and cash
,,Nantes made by you or any arialabed person roan it that person
exceeds your aVlhorly. In addition you promise in pay lilt Finance
Charges. and other lees and chargeEh accordance wilh Maing stale
ments.
5. Bifhng Statements. You will receisibflling statement fStatemeal) to,
any month in which there is a balancexryour Account . Your payment is
due. al such place as we designale.al before the Dale Payment Due
printed on your Statement.
6. Payments. You may pay the Taaat New Balance shown on your
Statement each month, or you may say in monthly installments. If you
decide to pay in monthly inslallmellcpu must pay at leas) the Minimum
Payment amount shown on your Saaterlent. The Minimum Paymenl will be
3%of your Total New Balance. butaesesc than 510.00. It your Total dew
Balance is less than $10.00, you maapay the IW amount. Any amount
past due and any amount that exceess7ou1 Cretlil Ornil will be addedlo the
Minimum Payment due. Checks sultan for payment on your Account,
must be written in U.S. Dollars and taam on a U.S. Bank.
7. Fees. The fofirn mg fees oI surJrlitall: as proJlded from time to time. will
be assessed:
(A) An Annual Fee of SO.
(a) An Over-The-Credit-Limit Fee dpDlDr any month in which the Total
New Balance of your Account on Dle$asemenl Dale exceeds your Credit
IimiL
(C) A Returned Check Fee of S20I1re any check or other negotiable
ms!rvmeal m paym¢ I on yo Acrnultwhich is presented and not paid.
There will be no Returned Cheurck FeeeSessed to your credit card account
it fife check is drawn on a Bank DrELhecking account.
IN A Returned VISA`MasterCard Check Fee of S2D it any VISA/
Mas lecard check is presenlM lot payme nl and rewr ned trace use your
Account is in defaWL reshicled due to delinquency. or would cause your
Account balance to exceed your credit limit.
(E) A Late Payment Fee of S20 whenyou tail to make al least the Minimum
Payment by the Date Payment Due shown on your Statement.
(F) A Stop Payment Fee of S20 any time you request a stop payment on
a VISA or MasterCard check.
e. Finance Charge. The FINANCE CHARGE on your Account is dale,-
mined by multiplying your Average Daily Principal Balance by the Daily
Periodic Rate by the number of days inthe billing period. The Daily Periodic
Rate is equal to IF365th of the ANNUAL PERCENTAGE RATE. The Daily
Periodic Rare lot your Account is 0,044% which is a corresponding
ANNUAL PERCENTAGE RATE of 15.90%.
The Average Daily Principal Balance is calculated separately lot our
chases and cash advances. To delermine the Average Daily Principal
Balance, we add the Daily Balances antl divide the total by the number of
days in the statement billing period. The amount of any purchase or cash
advance, including VIWMaslerCard checks, will bear Finance Charge
Irom the day of the transaction or Irom the first day of the billing cycle in
which the Iransaclion is applied do your Account, whichever is later.
The Daily Purchase Balance is calculated by taking the daily beginning
balance of purchases, minus (f) the Iranian of payments and credit
adjustments applied 10 the purchase balance, antl cretlil vouchers, plus (if)
new purchases, debit purchase adjustments, and lees (except automali-
cally assessed leas billed on cycle day which are included in the next day
balance). We will also add periodic Finance Charge calculated an the prior
day's Daily Purchase Balance.
Pay the New Balance of Purchases in lull every month and incur no
Finance Charge on the New Balance of Purchases. There is a grace period
of at least 25 days to avoid additional Finance Charge on the New Balance
of Purchases. Pay at least the New Balance or Purchases by the Dale
Payment Due shown on your current Statement to avoid additional
Finance Charge.
The Daily Cash Advance Balance is calculated try taking the daily
beginning balance of rash advances, minus (i) the portion of payments and
credit adjustments applied to the rash advance balance (which may
include usage charges assessed at automated teller machines), plus (if)
new cash advances and fees (except SUamalicaily assessed lees billed
on cycle day which are included in the next day balance). We will also add
Periodic Finance Charge calculated on the prior days Daily Cash Ad-
vance.
An additional Finance Charge will be added for each Cash Advance
transaction. Cash Advance transactions are VISArMaslerCard checks
applied to your Account. Automated Teller Machine (ATM) disbursements.
and Cash obtained by presenting your Card at any pankfpaling financial
institution. The additional FINANCE CHARGE will be 2% of the amount
advanced (which may include usage charges assessed at automated
letter machines). S2 minimum, S20 maximum.
Also, an additional Finance Charge will be added for the following types of
transactions which are reflected as purchases on your Statement: wire
transfers, money orders, beta, lottery tickets and casino gaming chips. The
addilione Finance Charge will be 2%of the amount of the lransaction, with
a $2 minimum and a S20 maximum.
9. Application of Payments. Payments received at the mailing address
specified on your Statement prior to 11:00 a.m. on any business day will
be applied on the day received. Payments received after 1100 a.m. on any
business day and payments received on any non-business day will be
applied the nerd business day. Payments received at any other location
may incur a delay in crediting to your Account.
We have the right to appiypaymenls to your Account at our discretion. This
specifically includes, but is hot limited to. the right to apply payments to
promotional balances prior to con-promotional balances.
10. Entire Balance Due. If you fall to make the required payment when due
or break anypromise in thisAgreement, we may declare the entire balance
d your Account due and payable at once without prior notice (subject to
applicable taw regarding notice or right to cure).
We may also make this declaration 0:
• you make any false or misleading statements on your application
• you have been declared bankrupt
• you the
• there is an event that causes the prospect of payment to be significantly
UN 9?P;
Page 3 of 12
imparted.
11. Cancellation. We may cancel your Account, reluse to allow lunlgr,
transactions. including VISAIMaslerCard Checks, or revoke your Card at
any lime whether or nor you are in default N any pan of this Agreement.
In the event we lake auCh ircliDn, we, may 61'[1111 the enlile balance al your
Account due o revise the amount of your Minimum Payment (subject to
proper nalilicarion as required by applicable law). Cancellation of you
Account wilt not Street your liabdily Ill us for Credit we have exlended to you.
including amounts not yet billed 10 your Account. We may cancel your
ACCOuN wimoul nol6e or haofgly. You must sun1nimI the Card edher upon
our request or the request of any other bank or merchant who 'is acting
upon our instructions.
12. Foreign Transactions. We will charge, and you will pay, nu S'dollars
for all lomign bansaclions al the exchange rate fn ellecd the day before the
transaction processing date. As of the printing dale of this Agreement, the
exchange rate on VISA/MaslerCam transactions is either a goimmotenl.
mandated rare or a wholesale marker are. increased try 1%. The er.
change rate used on the lmnsaclipn processing dale may differ from the
rare in effect co either the dale of your transaction or the 6111 the
Iransaclion is posted to your account.
13. Change of Terms. We can change the terms of this Agregimenl al any
time and will notify you in accordance with Ohio law and applicable letleral
law. This notice will be mailed to the same address as we send your
Statement. The new terms will affect all outstanding balances lathe extent
not prohibited by Ohio law of applicable federal law.
14. Other Provisions.
(A) We have no iesponsibilfdy lot the failure of any machine. merchant,
financial kulilulion, or other party to honor your Card.
(B) 11 typal action is required by us, you will pay the costs, including
aflame y s.
(C) Each credit Card account you have with us is separate from any others
you have with us and Finance Charges will be charged on each account's
balance. Each credit card account wilt be represented by a ditrerent
account number.
15. Address Changes. You agree to noltry us immediately in writing it you
change your address.
16. Interpretation. This Agreement shall be governed by applicable
letleral law and the laws of lna Stale of Ohio. If any provision of this
Agreement is held to be invalid, that will not affect the valif ily of the
remaining provisions.
YOUR BILLING RIGHTS
(Keep this notice for future use)
This notice contains important inlcrmalion about your rights and our
responsibilities under the Fair Credit Billing Act.
Notify Us In Case of Errors or Ouestions About Your Bill
If you think your bill is wrong, Or it you need more information about a
transaction on your big, write to us on a separate sheet al the address listed
on your bill. Write to uses adores Possible. We must hear Irom you no later
than 60 days after we sent you the FIRST bill in which the error or problem
appeared. You can telephone us, but doing so will not preserve your rights.
In your letter, give us the following information:
• your name and account number
• the dollar amount of the suspected sum
• describe the error and explain, it you ran, why you believe there is an
error. If you need more informaliOn, describe the item you are not sum
about.
• your signature and date.
II you have authorized us to pay your credit card btrleulomalically fromyour
savings or checking account, you Can stop the payment on any amount you
think a wrong. To stop the payment, your teller must reach us three
business days before the automatic payment is scheduled to cmur.
Your Rights and Our Responsibilities After We Receive Your Wittlen
Notice
We must acknowledge your teller within 30 days, unless we have Car-
reefed the error by then. Within 90 tlays, we must either correct the error
or explain why we believe the bill was correct.
I
Amendment to Cardmember,Agreement
I Page 4 of 12
IMPORTANT NOTICE FOR BANK ONE
CREDIT CARD CUSTOMERS
ABOUT CHANGES TO YOUR
BANK ONE CARDMEMBER AGREEMENT
This Notice informs you of changes m your Bank One Cardmcmber
Agrmmene
SUMMARY OF CHANGE
A provision providing chat any disputes between you and Bank One arc to
be resolved by arbitration is being added to your Bank One Cardmcmber
Agreement.
EFFECTIVE DATUNON-ACCEPTANCE INSTRUCTIONS.
The changes in terms summarized above will become effective March 1,
1998. The new, terms will apply to current and Future balances in both
active accounts and accounts that no longer have charge privileges. If you
do nor wish to accept the new terms, you must notify us in writing of your
decision by February 28, 1998. Please include your name, address and
account number on the correspondence and mail it m: Bank One, P.O. Boa
8650. Wilmington, Dclawam 19899-8650. Giving us this notice will
constitute your election to cancel your charge privileges (if not previously
canceled), but you may pay off any outstanding unpaid balance of your
Account `UIldcr your prior terms.
AMENDMENTS TO CARDMEMBER AGREEMENTS:
In order to implement the above-described change in terms, the Following
changes. so applicable, will be made to your Cardmcmber Agreement,
A. Immediately after the paragraph entirled'Spetial Rule For Credit Card
Purchases,' he following paragraph will be added:
ARBITRATION: Any claim, dispute or controversy, ("Claim") by either you
or us againn the ocher. it againsr the emplovoes, agents or assigns of the
other, arising from or retiring in auw wav to this Agreement or your
Account. including Claims regarding the applicability of this arbitration
ci.. or the v+lidiN of the entire Agreement, shall be resolved by
binding arbitnrion by the National Arbitration Forum, undo the Code
of Procedure in olh,n at, the time the Claim is filed. Rules and forms of
she Notional Arhuurion Forum may be obtained and Claims may be
filed at any N+twn.d Arhirrariun Fomm office, www.arb.forum.com. or
P.O. Be. 50191. \linnaap.dis. Mirci 55405, telephone 1-800.474-
2371. .Any arhur.nion haaring at which vnu appear will take place at a
location within he Frdcral Judicial d.srrkr that includes your billing
address as the rime the (Lint is 6W. Phis arbitration agreement is made
pursuant to a Jtanvcn,nc inwol.-m5 imerearc commerce, and shall be
governed by the f.Jrul Arhnuolnn Act. 9 l' SC. H 1-I6. Judgment
upon any arbitration , tad maw be rmcrrd in any uaon having
jurisdic.... n.
I Page 5 of 12
Thu arbi.ei,m agreement applies to all Clams now in celumoce or tut
may arise, in chc future, au cpt for. (i) Claims tut you or we have
individually filed in a court before the e f v.c dam of the amendment of
the Agremenr adding this arbitnton agrmamt. (ii) Claims advanced in
any judicial class actions dat hart bxn fmaly artiBod as class actions
and where notim of class mcmbenhip has been given as dirmed by the -
court bcfoa the elfeaivc date of the amcndman of the Agr ecment
adding this arbivaton agresan on; and (iii) Chime by or against any
unaffiliated third party to whom ownership afyour Account may be
assigrmd afie, default (unless tut parry clew to ctrl irate). Nothing in
this agmemcnr shall be consumed to pn chrmy parry's Use of (or
advan¢mcnn of my Clairru, dcfcoms. or ollisms in) bankruptcy or
repossession, mplain. judicial foreclosua a my other prejudgment or
provisional temody relating co my collamd, mcuricy or pmperry inmraa
for eontnetual debts now or hereafter owned By either parry to the ocher
under this agreemrnt
IN THE ABSENCE OF TH IS ARBITRATION AGREEMENT, YOU
AND WE MAY OTHERWISE HAVE HADA RIGHT OR
OPPORTUNITY TO LITIGATE CLAIMSTHROUGH A COURT,
AND/OR TO PARTICIPATE OR BE REPRESENTED IN
LITIGATION FILED IKCOURT BY OTHERS, BUT EXCEPT AS
OTHERWISE PROVIDED ABOVE, ALLCIAIMS MUST NOW BE
RESOLVED THROUGH ARBITRATIOR
THE FEDERAL EQUAL CREDIT OPPORTUNITY ACT PROHIBITS
CREDITORS FROM DISCRIMINATING AGAINST CREDIT
APPLICANTS ON THE BASIS OF RACECOLOR RELIGION,
NATIONAL ORIGIN. SEX. MARITAL STATUS, AGE (PROVIDING
THE APPLICANT HAS THE CAPACITYTO ENTER INTO A -
BINDING CONTRACT); BECAUSE ALLORPART OF THE .
APPLICANT'S INCOME DERIVES FROM ANY PUBLIC
ASSISTANCE PROGRAM: OR BECAUSETHE APPLICANT HAS IN
GOOD FAITH EXERCISED ANY RIGHTUNDER THE
CONSUMER CREDIT PROTECTION ACT. THE FEDERAL
AGENCY THAT ADMINISTERS COMPLIANCE WITH THIS LAW
CONCERNING THIS CREDITOR IS: TSECOMPTROLLER. OF
THE CURRENCY. CENTRAL DISTRICIOFFICE. ONE
FINANCIAL PLACE. 440 SOUTH LAS.ALLE, SUITE 2700•
CHICACO. IL 60605.
76u +anrc i f .+or yes- a/prvi-91h ngn ro yac Fin, USA Card,:,brr
Agrrn,hrnr. P4mr Frrp it wirR sour onsiw/Fmcff5:1 Cardmrnhbn Agr<rmrnr.
.r
BA ONE
AUV279 12197
Page 6of12
I Page 7 of 12
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Page 8 of 12
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Cardmember Agreement
Ili, Is Ihr Agnro.rnI Ohm 104i,la, the ursw ol n .. 1 aulnxn l.i A, ount (- ) . „nnl-1 with Fla
1'I,\ IknL. NA. (inoiodiog I..nnm, ulx-." wv), u, d o ugh uhrl' hrnks that Il.snu'ilurr in our
}laucl(anl/V,. pnv„oam and whos.. n:u w ma, I.r on III,- f ar of ,.it Caul). 1'I. aso O-Ad it rarvlnlly
and letup it hu pair mv'na lc You do nor Iw 1 su vgn Ihn Agrmn...n. hot IIIrAV' I4' site In ugn IIN
Inrk of atmr Card if war haw. uo Ahv d,'rI nr vh. All vurn:nas of credit in c soucuou with v.u.
Arro u i Are king us -d,- iw him U-M IUllk S.A. in Will ninglon, I1rUwatr. .An, uv Of ,air (.,"I n
Annum ronfimtswx taw rpanr,n(thrtsoas and,,,,Auionhsul Ihi, 4.....nnN.
Defuridaac In Ihi, Agnru.cut. trc wlyd,'ym" ..,l'your' niter In rash I.-non (ninth' and virally
if moor Ihwl our) w4.11 has Al 11111M1 Note tM A, I v aoll any othn' fot-rvul who ha, ago,ed m k
o,lx msihir lot dn- An nnnt. lLr words "we". I'm" and "our" Mir ul First USA Dank. N.A., a national
Nanking A,Y.m6on. "Cud" rrfrn In erh Mamrr(ard and/or Viu Card that Is issued nn your
.Ana, ooul. lb,' Card noW IN' o u , ud or ow-Or u- m .w oho our agrnI olxsn ..'quest.
Using Your Account: Y; It may ow pmr Card or At41 a ou so piit(Im r nr Irasr ga als or s vi cos or
p:rc onounto you owl whrr<xr the lard is Imnorml tar vansfrr halaures from other arnxnu.
(-Puo lovaS ). you rrray also oc dr, lard m obtain I a4h Ions (-Cash Ad Alll'(X) Ir..... Any flit.... ial
111,1111111 nil that A"I-Ins [hr Card. You agrrr In A,,vj11 credll, to your Ar r..... o unt, ad of -.,)I
I. fonds whro the original Pon'luvw wu rbarged to your Arroumt.
We may isac'Unw:mlenee (3herki to sou which may he used to aeeeas your credit lino Use (If a
(inwnien¢ (hock will he u'cincd n a `Purchase in the amount of your rherk. Each (nnwnirC,"
(hero will curtain your Account number and may be used only by the person(s) whose m. ..I
i,/arc printed in it. Each most be completed and signed by y"j (or either of you) in the sm, an
ner w a regular personal check If we prceide Conwnimce Checks for your Account, you may oot use
them to pry any amount you owe under sour Cardmember Agreement or under any otter credit
agreement or account you may have with rq Rank One or any or our related banks.
Obligations On Your Account You author've in to pay and large your Account fun all Purchases and
(ash Advances made or obtained by was or amone yap authorize to use your Card or Account. You
promise to pay in for all of these Purchases an(} Cash Advances, plus any Finance Charges assessed on
your Account and any other charges and fees which you may owe us under the terms of this
Agreement. You will be Obligated to pacanthorized charges to your Account whether resulting from
(1) actual use of your Carr) or Conwnienec Checks, (2) mad order or telephone, computer or Other
electronic Purchases made without preseruing the Card or (3) any other circumstance where you
authorize a charge, or authorize someo..r eke to make a charge, to your Account. Each person who k
included within the defuniuon of the Most 'mu , abort, is responsible to pay the full amount owed on
the Accounts. We may require that you par the full amount wed without first asking the other per.
son(s) to pay. All payments most be made in US. dollars Any payment made by check or otter nego
liable instrument must be drawn on a US bank or a US. branch of a foreign bank. SuI to any
-mandatory, provisions of applicable law, we will apply your payments to the balmoes in your Account
in whatever manner we determine.
Credit Lin/Autbodaed Usage: Your cre1G Iuhe k shown on the folder containing tour Card. Since we
may Li. lee your credit line from time so Limc, your latest credit line will appear on your monthly
statement. You agree not to make a Purchase or obtain a Cash Adanee that would cause the unpaid
balano c of your Account to exceed ` nw credit line We may honor Purchases and Cash Advances in
execs; of sour credit line at nor sole di,csruon. Ifwc do, this Agreement also applies to that excess and
you agree to pay the recess immediatcly dwe request that you do so. You agree that we may change or
rant-! your credit line at any time without affecting your obligation to pay amounts that you Iwo
under this Agreement. We may desigrvrc that only a portion of your credit line is awilable for (ash
Ad,arlces. Uwe do and you exceed that ki nik you will be considered to haw exceeded your credit line
for all purpose, of this Czrdnombcr Agreement. For security reasons, we may limit the number tar desk
oar amount of Purchase, (ash Achmor ad/or (-A)nwnience Check transactions that may be arson
plished with your Card Or Accoum and we haw the right to limit authorizations to make Purchases or
obtain (ash Advances if we consider it rosemary to wrify payments receivttl on your Account.
Periodic Statement: We will send a suteaent at the end of each monthly billing c,.cle in which your
Amount has a debit or credit balance dnOrt than Sloes or if a Finance Charge has been imposed.
Among other things, your monthly stmeoent will show your New Balance, arm Finance Charge, your
, will line and aveilztde credit, your Milr"shm Mouthly Payment and t e Payment Dale Date..
Minimum Monthly Payment If the New Milano shown on your monthly statement is Ihs than $ IO.M.
ptar Minimum Monthly Payment (rbw brthe Payment IAo Date) is your New Balance. Odnrwiw.
Ihr Minimum Monthly Payanenl for orh Irirling .yrle will he the greater of SiOIX) or the total of (1)
"a'. of III,- N,w flalmor. phi (2) 211y a till 11.11 due plus (3) if WV w 1I taus amount owr your
Ivdit liar :u the lime n1 tilling. You mar [toy nu.r.. 11.:ut the Minimum Munddv Pawueut and nay :u
Icy lime lay the lull :annum you uwr ns
Finance Charges: 'ILrrr i, a nnmu FINANCE CHARGE in Ihr armuunt sh:urrl in thr 'fable of
ho-n.h Ch:nX.. in env lulling Iwl, In+dd.l. wnl..sox-a FINANCE: CIIARGE
WI 1.111 Hlor III' I.Al.uu r suhjrrl m FINANCE. CHARGE' srpa, li-ly Ion I'nn I..ur, And Got
:\dv.n1. r.. F.., I;.ab .bb-.O ,,e unr sill akF a Periodic FINANCE MARGE Born rho day, ,o tat, Ibr
1 .,,I, :1dc our oon) it., d:n' .......rise pavo.rnt in Idol. Ilownrr, pm haunt A gram pni.ul Lo
hoo h.n'. 1'0.1 vial ooI raw .. Periodic FINANCE. CILARGF, o.,I runrnl tar Prniou, Poo h.n. if
non
ood...... !irw 11A..... In hill III Ihr Porrnrn11)uo- Ivmr on y..... ju,"ou, srouuruI bx dial Lal.nn r
:.... ..-:..... ?Ic nrv.aw 1 a.. I ".,I yrn-...n1 tic.. Kolal..I. its loll Lv Ihr I':wnn'la Un.' I I,l.•' ..:I ....r
: Ilrr l...0..r lr'l ll
l'rriod" PINAN(1 Q'k.\KLh a.- .qq.h Ihr ..l rpll. ably peil. I'rn..b. R"'. l.. d',
I'll:.h.o.e. I!.. .... r. d:r.
. !.Id., ......... .:I. :...... I'rrnoufirMAN(.i.1.11:\Kfa_ I'u.I.....r. .nil HIM, Vkwu- o o.!rr!
L .. ._..... n ..l lh. lq s .l.. L .., lh..l `u. r
... n.l '!,. .. .ten. \.,.. r. ....p. .'Ion,un .'11.1 1... .. a. I.I ..ix
.... ol... n. INr-p.r ..
,.x'. !..d,l..:. ... v.:..u ... L 1'11.-ir.-.....; . ,.•1. 1d............!
In .nr..
I. (:um-nl C" 6. I'u"ha: . and (ilk pdcuxv.,, \\. 4.11 .,it, Ibr ..nl.I....
!. rL. r'.: 01 n.4..r i. 19 .rlr.I-.xrn.l r-1...Lor11 -.1. P.I. 1I.. r.' .,I \.I-..
Page 9 of 12
.... ...... onoIli 1. L,, I,lw.llw«In,Ill a,lvfr,iodb FINANCE 0IAR(L!\...G .d.a..l.n J.r puv- c; M.
cane d'ay's Iulawr..rdJ an...... 1' in "I., I.... hid...
L r. Asau an' ornrvl .. i'urrL.uva .nil m.. f ]rill
h i'mnss and Ihr.... 7xh,vh :tin I...... ... Onlo, 11... Kill, u, Ilx w}w.m dub h..l.nn v. 4.1
P..n4uws and (:(lit Arl\anr.s.
2. Pm4ouil (7(4 Porch. Wb 4an will, rh"ol,oOnd... Ip6m r" fill Ly,Anning nl tr pr rv.. xis
billing (yiir. Wr Iak, rhr I I-pnnia); lulool" of I'o.I hacz,cl won A. nnmr r r h claw col iog Ihm billing
cycle, which inrlud, an.' Prriod, FTNANCT CHARGES nlnrbtnl .m rhr fm,,osu,U, s Ivtenrr, and
add any mw 1'u.. haas (including Ill cur An- luarnl A 1'urrlO. v) and sobrrnr I cane lzun;fnl of
meth,". Illis givers us tun- u'paratr'Wiv hslanl'r for prr.iouc billing r.rlr Puwhaas. 11...nrr. IN- daily
halam, for pn'vinu, rw it fort ha,n r nmfidnr'd m.Iw u'ro for r rh IhI d Ihr 1111'1101. billing ry I, if
)rxr laid in full Ihr NO, MIA...r tin film puv.rl summon fly the P.Ilon'nl Ihr, Mesh, tar a Periodic
FINANCE C3 1ARGF we, Art ad, bnprsrd.m Ibr Ihr you,. II.. ilrnnnvl no wmr prnious.,I..uenl.
11 wr' Ian' ",I.',kd" Iw rir.li, .if 1 91, Is in dlh.I Irmo licit ul non, 't will r., pa"IrI}' uh.A.Iv thou no
I ni inonthVy senrnm'rhl :uul v'lumuiy In, 1". tin pin .. unduly slan'nu• I Ihv Irslax'sv $o which die
slx'rial offcr apply.lbws.' ?'lur+V ialanrn and fin' ,.Ihnrrl Pni.&, FINANCE CHARGES will Ile cak
I 61r'd in Ihr sex... r.:o..... as drvlikd ab wv I,,, n)r...nl or pfni..ns rlrlr Iruracunnt As apples alit.
R'r likmR another InrrlmI of Off, Financ, MA,X, Im pmt Arnamr Irv adding a onr.tmr Cash Advance
FINANCE CI4ARGE fnr rwh G(dh Ad..., wlmn i1 is .coined. Die antnrru of rhr Cash Ads'arlce
FINANCE 0 LARGE is Ralyd in rhr T,N, rd lnit,en O:,M.
I1rc mul Finance (]urge on r r Accorif I... Of monddy billing cycle'. will Iv' the sum of rhr Periodic
FINANCE CI IARCFS fill. any Cash Adlanee FINANCE GI IARGES.
Rris AWer.mcnl provide( for compormding of Finance Chargm (intcrea )
Other Intents, (}urger In addition in the Fhnanec Charges disnas('d allow. the following interest
charges will be applicable to your Account
Annual Membership Fee - You agrtt rn pay to when billed each year (subject to applicable federal
law) a nor rcfundxble annual monbership fee in die amount suted in die Table of Interest Charges
for die privileges you have under this Agrctmcnl, wlsetier or not you exercise diose privileges. Your
payment of this fee will not affect anyofour night, under this Agreement, including our right to terms
nac your Accounts.
hue Fee - If we do not rcccin a payment from you in al least aw amount of our Minimum
kfoodily Payment by die Paynicm Due Dam shown on your monthly sutemrnt, we ma, charge you a
laic payment fee in due amount stated in d c Table of Inlco it Charges. You will only be charged one
late payment fee for any Minimum Monthly Payment which is not pad by the Payment Due Date.
Rcuun Check Fer - If your bank does rues Isorhos the check you gave w to pay amounts you owc
under this Agreement, or we must return a check Fxatasc it is not sigwd or 6 otherwise inegulw, we,
may charge you a return check fee in the amount stated in the Table of bnerul Cluargts.
O,,rTi®lt Fee - We have the right to charge an twenlimit fee in the amount stated in the Table of
Y huorest Charges: (1) it your Account balance exceeds your applicable credit fine At any time during a
monthly cycle, or (2) if you make a Purchase tar obtain a Cash Advenee at a lime when our Account
balance u over your credit line.
Adm'v&i it se Fees- Ifyuu request phohocopics ofsales slips or duplicate copies of monthly stag
moils, or 't you request more Jun two Gods or any special services such as obtaining Cams on an
expedited hash, yon agree to pay our reassnable clrergu for such servica,,At front lime to unit in
effect.'llhc present dailies for such xrricmave Sliff6ficd in die TAbIr of Interest Charges. Flowirwr it
you rcgncst items such :is sales slips or dupfkate umcinrnis in conncrunn wide any disPu¢d billing
nultcr (see 'Your Billing Rights'), Ile will not mlirne a fee if a hilling error is deickased.
Unlcsv otherwise arranged between is. tx annual nrendaership fee and any ram, Oehler cheek, rOwl
Ifnni or Adminiv.Ativc fee will be added to your Ace.nhnl and voted as A Purchase.
flefauh/Cablection Closer You, AC,ount w& be in default and we may denand immediate payment of
dm enure autoun( yen, owe m wnoni"I gising you prior notice if, (1) in Any month we do riot receive
your Mininnun Monthly Payment Icy die Pmnc'nr Doc Datc; (2) you wake Purchases or obtain Cash
Ad nnttm in excess of your credit line (3) mtl fail to comply with this Agrer:naenp (4) tyre is a filing
for Finn- Vankri ptey, (5) you die or bemmc inapacitat ml; or (6) we beliesrc in good faith that the pay
meal It Int-forniawce of yrmr oldigrunns under this Agreement i, impaired fw any name reason. As
genuhted Icy- applicable law, you agree to play all rnliccnon cxpenscs actually incurred In it, in die ink
ks:linn of amounts yon owe under tits Agrmnent (iteitxling cnurt Whits will air &u of anc collection
agency in which we refer your Account) aid.in dIc ell we refer your Acrrnms after your dchndt to An
anotlnl' wilt) is not out Iegularly GtanM eraploy(x, ox. aI,TCC I(1 pay III, I-valo .ble f('[S td flh'I+i11111F
nr1'. We will nut Ix olilip uml u) honor :ury rttonlxml tic of your Account if ;I rlrGuh IIah .x runpl tar
wr' have- doviloinnl n, Icnnin:m yuor Arcnvnnr knm your Amount prvilegn (A rlisrosv'll Ix'Inw).
Arbitration: Any think, dislnnr tar ,uov,rvcesr 1"I7ain.') by ,iiho son nr its ag.linsi Ihr alhrr, of
againw the rniplnts'rs,:grins nr a¢igns,-0rbr nlllt•r, uisiug limn nr rrfaling in an...... I.,
Alen rvinew tar )our' A....nnl. inrhm ling (lam. n-qA iog do appli,-A'd , of Ili, ad»u-an.'n I I:ol.r of
Ibe a:didiiv A Ihr Into' Ago-enn-m, slaw In , .nlvrrl br Ili rid iog :mill mini In Ihr Cnnah.d
ArNIA6nn Funuu, outlet du' (iiii, ' A Po.nfufr in rllrr'I ill Ill, umr Ibv Cbhinh I. lilr.l Rnh..nul
Iii m...I Ibr Nxirin:d :h lrivnum Toni" once 1«' .da.on.ul :nil 11 .non m. If In Mid n .,,I,
:\msin.hduo Funn.. .. [fill. 1 v.:ublbnu... jan,.n 1'.11. If". 54li'R. Mi... wet«.h.. W..... ...... °Ador.
o-hpb. stir I f4XM}7,'771. Am, nUinwon, 7a.:u iog :.I ., Ilirh rvnl .ipl«.u will r.,k, pt.". a.: 6«au.nl
.nr6in [III Irdoral p.hi d di.nw t uh:n ill LhA.. c..nr hdlmg .0.1"' ll then...br l Liinr n bbd Ihr.
.u hin..rn..l .rgo I "vin - numb Pu..u,olt n, a m_nnhrrb... .... dvo.g a Ill,'! nr I . •nuu. o b ,I n. d LJI I r
...,•....... 'dm Frdnal aubnruinu Arl,!11'tit'. LRi(u,Mn..-hrr .q... ,,...wLrp:.li..,I .,_n„ma.
.,.I„rd in .I. m . ,.. n l Il.nxr.g it a nr h n. m
r•n tl. .In .•r ... .III .-..: I.. I ??_. ...,_ 1 .. .
It h. 11rn1 0 J.. .n l.. ? .
.rr nr,I In tnb.b.U nW r,.n..'.n?..1'r.n u:..na.'mb:n.,!n,.l .u... '?
IA' IIIP ll{sf ?'I h nl IIII. AICI:I1RllIn4 N.FII VPVI 1r p. _. •,IA1 rill!
Page 10 of 12
I I \1'I. I M I I A RI(:I II" OR OITOR 1'1'\I IN 10 1.1"1'II:A IY.c2VWS I I III, )I (;It A (.(It It I,
AND. OR T) INRIIT I I-A IF..1 OR I1t: RF:I'RI-.SEA I'FJ) IN I J'IIGADIN I"11 J J I IS ( 7 )I ;R 1' 111 011 k
ERS. 14111' FXCP.I"1' AS 0111 ERW'ISF. 1'8(1\1 l lED AIV)VE Aft. CL11 MS \41'Sf NOW ItF.
RF:SO1 Vt:D 111ROt )GI I ARM I1 VD0'N.
Trrrnbudon: Wr may mrminatr pmr lumilrg,% uah-r Ihi, Agwowl Ice' Emil was, right In make
IlU,t haun Ix olaain (Ash Advanra at env time land list yrxrr Amass in arcing Fedlrtins) witlxan
nmirc nr lirlulity. If wa• ask. par meal rrmm env (Anlx amt aq Imrd Gintrnicncr I ((nice m ha.
ill in half. Yell agree drat pmr will na W m rnakr A Punhaa• ursi a{uh Ad.iom abcr par haw
Men nai6ed that psur In ivilegr In torwmr :4nanu has Ito emimawd. You may Tennlrutr This
Agreement at any time. If pm at. pill tune trmnh nI to all ( Arbardiimrmlenm (]Ireks prr+unuly
sand it. Ou: An'nnnl. If you rail us w• Inav rnphin dal par Illis yrarr unroll m trmrinatr in ,it
ing.1'nur m ,n r termination will not Afrea wxT cxisdrhg nbligauiss Imin the Agrrnrrem w ymr lice
hits, fur all charges Ixhuld m pmr Aenomu prim in the tirsag(urds and ....used 0,ownwit-,
(}orks issmrd.m yon Aronun are returned! In its.
Norim: We will send sutcments and any other notices IT y o atFr arhtrrs slowm in Ian Iilvs. If ou,
is ajoint account, we on send statements and notices n) ridler.dyou. Year aomisr ,, minim is
promdy in w'riu ng of an)' change in your Address. W'e neap its mrr discretion acmpl uldoea More-
lions limn he (hired Sates Penal Service
Foreign Currency Traruactione Trattartions in foreign nnratie will hr romwned us U -S. Dollars
and pissed to your Account if dre exchange rate determined 41hserCard or XTSA (or Their af,6
Arm), using Ohcir Oren current currency Crowrsilm proceolurrsaafeharges. Grrornty, the currency
I omrr ion rare is generally either a wholesale market rate or aprevne:nl-rnandaud rate in eRm on
The date of conversion, increaa:d by the applicable convert dal determined by MasterCard w
VISA. The cormncy conversion rate used on The conversion der mq differ from the rile in effm on
the date you used your Card or Account.
Skip/Promotiotal Feasros From time to time, we may lei pa#iper reduce one or manor monthly
payments during a year and/or we may temporarily reduce ce dsmtaTe terrain Finance Charge on
all or a portion of your Account balance or offer you other sp®l.nms. If we do, we will advise you of
the scope and dura tion of the applicable skip or promotional bear. When the skip or promotional
feature ends, your regular rates and Terms will resume.
Change in This Agreement: We wr change the terms of this Apeement, inchding the ANNUAL PER.
CENTACE RATE and any Fees, at any time. We will naify yv:ddn change- As permitted by applic•
able law, any change in this Agreement will become effectic a Tic time stated in our notice and
unless we sate aherwisc, the change will apply to all outstanding balance, in your Account as well as
to new transactions.
C. edit Information: You agree that we may request consumsoedi reports from sale or more credit
reporting agencsts in connection with your application and tie adsinisuation of your AccnunL You
also auThorim m to exchange credit information concerning y.'. st, your Account with (and answer
questions and requests from) others, such as merchants and Ada reponung agencies. We nay share
infommation about you with our affiliated companies.
Sb..^mg lefonrsation v.ith ADsliased Csp aoies We may slam kh-.atimm how you with cam affllar-
ed cooy.:vies. You may request that we do nor share infoos6ee (otber that that related to your
A¢mrat) with our afrT;-,- by writing to m al Final USA BamkRA, FCRA (rye Out, P.O. Box 8865,
W'dmingtom, DE 198993865. Plesc i elude your tame, add.. d arrnhms number with your rrgna.
C.a drmtmber Lin- From lime to time, we may share nor ardsember lists with companies whose.
1) W ilcts and services we Drink will be of in retest to you. We ardully review these offers to make sum
trey meet our standards. You may request that your name m be glister to these Companies by writing
us at Flrsl USA Rank, N.A, P.O. Box 8651, WSlmingion, DE 19%91 (l. Pleac include your name,
address and account number with your request.
Phone Cause In the regular course of our businni we may social and record phone conwine lions
trade or mcciwd by our employes. You agree Oat we will (wesoch right with respect to all phone
conversations between you and our employ whether initiadii or any of art employe.
Refusal To Honw Card: We are nor responsible for mfunk". honor yin Card or 0),ownience
(]uer6. And. except ass otherwise required by applicable bow segrlatilm, we will tux be responsible
for merchandise or services purchased or leased duough leceFplsAccasm
Irregular Paynenm And Delay In Entrancement We can at'ayeiw payments, partial payments, checks
Arai money tinders marked Raid in Full' a langmuagIt hasingdesaurc effect without totting airy odour
rights under this Agreement. We ran also delay enforcing o ts.-00 under this Agreement any arm
la•r rd times wiahau Itning them. The fact that we may at arrim Luna a Nrrrhac IT (Ash Arhsrorc
in rxr rs od'y tar maximum credit line does Tux obligate mrt6arapain.
liability For Unauthorized Use Of Yow Accoutre If yam' Cad u I xAm... irnre ( ,cl'ks err km lit
iolvii or if ynu :ors Afraid slonea¢ nay kne pnhr Account vtidiraspno Irrmrktiins. who Until mxilj' its
.n liner. )bra nay la: liable for That unanthoriasal ra- Irf r. Am. YIn will nix la• 6aldr I... nn an
Ilouwrd uu: OUT ornurs also ym Turfy Flea USA 14urk11 Ley willing m to at 19.0. Itux nL51,
Wllnnngnrn. DF: 198TI-M51, or wrledly Icy rdiing rs At 1sawe77-71111, ,d da• Imes taA Obeli ,d arm
(loll tar timw... irnr r (.lark ox' mar pvsdhir urnunlnnisr?ar.d ...nn Alrnnol. In :arty..ew, ar.a
Inax..tutu. Iiahilil)' is S500). Wu tics)' irouinao- tar letrit xm.r?nu.A I rani( it Pau hash n. rtili,r! ..,
wr Itar lotnrritual that ymr Card nr UTmmirn.'e 6rsk ens' haul Ixro IINI IF .odrn, r., rlr.ll
rhrl. lu.,I Ix unaul Lr......:n'ras trl )vnl .Ail. am I.
1.dpum,.r:tk'r cloy"I alq'himr xsigu hum A..,xlrn.;,1,, io-.m.•rah A,..nun. this. ter.......
.n .. Ir uLht. ur ubligallnns wrdl-r Tbr, .Age rrrr.na. ILe ira.aa•a s, h. -,I, wr rnakr auc an 1,
.r, ..
to..... .!,.,If I r . nl.Ill..I Ili all . d e lm right....rdn IT, Agrra?s.da' .'via 1111tol 1.
Carri'F.RN'ING IAW: IIIIS : V :K111,11-NI NII" it iR :st2l.arl"I k•III RF 1.4 APRSf Ir la I111
IAttr)F IIIts I:\"il-. 1 H 111 IAWARF Alen.A< TI.11:kC} ItDIF R"\I I.\ll.
Imlmrr,or ()Ihr'wr..n.:1.... nhac.., 1.1..., am.... lmlx-,- A........!.. I:
1........l Ire FII,I I M 11:u11, NA, 1.1 1 I'..\ .\I. i!. t1'Ihul,,, hi.lw.ll.I'1111.v r:1 .....
m InrrlLii;Ina Ilr..ll rrirplnnrr..,nnl..nl..l wvwr_?n lc,: F_. .,.,,,In u,•lu, :I,r C.:: .. :..
,..., o.. h,pwr I xilrllg ..I•T. I,.r-Yeti' Itdlurg Wghl: I
Page 11 of 12
Yt s1 1R III I J.IN( 2M(;11,17,
• K.,-p'11A, Nolirr Fnr Flnom llse
i
It- ns oom r.,..l la lln In q r,,,.nll .Irn noon nt. .J•Irll v?nn Ilghus .Irl.l ,nn Ircln lost nllmr. Imllr'I III,' Ian
t)rtbl Rilhog All.
_
Notify Us In C.a Of lanes Or Qo.,xi.rs Aywla Your bill
If y., think prrr bill is wronR, tar if vnu orcd nrot' ill[ nnnauun alvnn. o Imnnrsinn no 1 ru hill,
write us no a ,tares. shrel at First USA Bulk, N.A., P,0. Nis A051. Wil.ingtoo, OOA,ur 110.0
Ri51. Write m us a sewn as prls,itsle. We must hot fnun ylnl no later Jan fill flays alter we v,n bat
the firs, bill on whirl ,hr cma or problem aplxar,xl. )'nu rut tArphone m, but doiN W will not
pme ere your Aghts.
In yoo, Irncr, give os Ihr folhwing infbnm.win:
• Yoor name and account nmrhher.
• llsc dollar unoom of the suspentd error.
• Dc cribe the row and nplain, if you con, wiry you beliew Jlerr is an emir.
If y,nl oral .lire information, dmrille die iu:m you arc no, sore alarm.
Your Right, And 0. Rlsp ms;b0ities After We Remivr Your Written Notice
We most acknoWictige yu,:r icucr within 30 days, unless we have conertcd the error by then. Wallin
90 (lays, we must either roam die error or explain wily we believe die hill was correeL
After we receive your letter, we print try to collect any anloum you question, or report you as dclio-
quenL We cv, continue to bill you for die amount yrou question, including finance charges. and we
can apply any unpaid amount against your credit limit. You do not have to jay any questioned
amount while we are investigating, but you are still obligated to pay die parts of your bill that are not
in question.
Irwe find dal we nude a mistake on your bill, you will not have to pay any finance charges related to
any questioned amount- If we didn't make a mistake, you may have to pay finance charges, and you
will have to make up any missed payments on the questioned amount. In richer case, we will send
you a statement of the amount you owe and die date Oat it is due.
If you fail to pay use amount dal we think you owe, we may report you as delinquent. Howoer, if
our explanation does not satisfy you and you write to Its within ten days telling w that you still refuse
to pay, we must tell aoyoncC we report you to that you have a question about your big. And, we must
_ well you the name of anyone we rcpwsed you to. We most tell anyone we report you to that the mm-
let has been scaled between us when it finally is.
If we don, follow these rules, we can't collect die first $50 of die questioned amount, even Jour bill
was C.ML
Special Rode For Cmdn yard Purellsoas
If you how a problem with the quality of property, or snvires that you purchased with a acdit card,
and yxnl hale tried in good faidu to CnMCCI Ole problem with the merchant, you may hale the right
norm pay due remaining amount due on die properly or services. There arc mo limitations on this
right
(a) You un61 have nude the purchase in your home scale or, if not within your home
state, widhin 100 miles of your current mailing address, and
(b) The purchase price must have been more than $50.
These limitations do nor apply it we own or operate the merchant, or if we mailed you the advertise-
merit for the property or services.
FIRST USA
M _'J27;
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Page 12 of 12
[ 77
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating
to unsworn falsifications to authorities, that he/she is JACQUELINE GALINDO
(NAME;
Assistant Treasurer of plaintiff herein, that
(TITLE) (COMPANY)
he/she is duly authorized to make this verification, and that the facts set forth in the foregoing
Complaint are true and correct to the best of his/her knowledge, information and belief.
(SIGNATURE)
JACQUELINE GALINDO
Assistant Treasurer
r'.
W
IN THE COURT OF COMMON PLEAS OF CUMBMLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN BANK USA,
Plaintiff
vs.
THOMAS M SHOEMAKER
Defendant
No. 06-2191 CIVIL
PRAECIPE FOR DEFAULT JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
}VFLLJAM T. MOLCZAN, ESQUIRE
I*A'16.447437
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04830648
Judgment Amount $ 6,034.59
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN BANK USA,
Plaintiff
vs.
THOMASM SHOEMAKER
Defendant
TO THE PROTHONOTARY:
Civil Action No. 06-2191 CIVIL
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant, THOMAS M SHOEMAKER above named, in the default of
an Answer, in the amount of $6,034.59 computed as follows:
Amount claimed in Complaint $6,034,59
Interest from date of judgment
at the legal interest rate of 6% per annum
TOTAL $6,034.59
I hereby certify that appropriate Notices of Defitilt, as attached have been mailed in accordance with PA
R.C.P. 237.1 on the dates indicated on the Notices.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: W
WILLIAM T. MOLLAN,uPy QUIRE
PA I.D.#47437
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR904830648
Plaintiffs address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7ih Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 10 YORW ICK RB CARLISLE,PA 17013
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN BANK USA,
Plaintiff
vs. Civil Action No. 06-2191 CIVIL
THOMAS M SHOEMAKER
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby noti'hcd'that the following
Order or Judgment was entered against you
0n?' )UA,.IE ?Qt ;L006
(xx) Assumpsit Judgment in the amount
of $6,034.59 plus costs.
( ) Trespass Judgment in the amount
of $ plus costs.
( ) If not satisfied within sixty (60)
days, your motor vehicle operator's license and/or registration
will be suspended by the Department of Transportation, Bureau
of Traffic Safety, Harrisburg, PA.
(xx) Entry of Judgment of
( .) Court Order
( ) Non-Pros
( ) Confession
(xx) Default
( ) Verdict
( ) Arbitration
Award
Prothonotary
By
PRO ONOTA DEP Y)
THOMAS M SHOEMAKER
10 YORWICK RB
CARLISLE,PA 17013
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`? Avenue, Pittsburgh, PA 15219
1-888-434-0085
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN BANK USA,
Plaintiff
VS.
THOMAS M SHOEMAKER
Case no: 06-2191 CIVIL
NON-MILITARY AFFIDAVIT
Defendant
The undersigned, who first being duly sworn, according to law, deposes and states as follows:
That he/she is the duly authorized agent of the Plaintiff in the within matter.
Affiant further states that the within Affidavit is made pursuant to and in accordance with the
Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521.
Affiant further states that based upon investigation it is the affiant's belief that the Defendant, THOMAS M
SHOEMAKER is not in the military service.
Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data
Center (DMDC), which states that the Defendant, THOMAS M SHOEMAKER is not in the military service.
Further Affiant sayeth naught
AFFIANT
SWORN T ND SUBSCRIBED in my presence this 2 day
r'bfL }i".41-2 Z,? 6
1
OTARY PU LI
Member, Pennsylvania Association al Notaries
This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Heidi J. Kelly. Norery Public
City Of Pittsburgh, Allegheny County
My Commission Expires Nov.4, 2008
used for that purpose.
Request for Military Status Page 1 of 2
Department of Defense Manpower Data Center MAY-30-2006 05:55:28
Military Status Report
Pursuant to the Servicemembers Civil Relief Act
-? Last Name First/Middle Begin Date Active Duty Status Service/Agency
SHOEMAKER THOMAS M Based on the information you have furnished, the DMDC does not
possess any information indicating that the individual is currently on
active duty.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the information that you provided, the above is the current status of the individual as to all branches
of the Military.
Robert J. Brandewie, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act
[50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940).
DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced a small error rate. In the event the
individual referenced above, or any family member, friend, or representative asserts in any manner that
the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly
encouraged to obtain further verification of the persn'ssactive duty status by contacting that person's
Military Service via the "defenselink.mil" URL piovibedbelow. If you have evidence the person is on
active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA
may be invoked against you.
If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle
name), you can submit your request again at this Web site and we will provide a new certificate for that
query.
This response reflects current active duty status only. For historical information, please contact the
Military Service SCRA points-of-contact.
See: http://www.defenselinkmil/faq/pis/PC09SLDR.html
WARNING: This certificate was provided based on aname and Social Security number (SSN) provided
https://www.dmde.osd.mil/scra/owa/scra.prc_Select 5/30/2006
. Request for Military Status
Page 2 of 2
by the requester. Providing an erroneous name or,$,H4,I13,yv?11 cause an erroneous certificate to be provided.
Report ID: EHCVQXSLQE
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/30/2006
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN BANK USA,
Case # 0(0
Plaintiff
THOMAS M SHOEMAKER
Defendant(s)
IMPORTANT NOTICE
TO: THOMAS M SHOEMAKER
10 YORWICK RB
CARLISLE,PA 17013 //f
Date of Notice: j //'7 (_ d?
WWR#: 04830648
YOU ARE IN DEFAULT BECAUSE YOU,HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR
TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
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
By' ' . " V
JAMES RMBRODT, ES UIRE
PA I.D. #42524
WELT , WEINBERG & REIS CO., L.P.A.
2718 PPERS BLDG, 436 7TH AVE.
PITTS URGH, PA 15219
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-02191 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE MANHATTAN BANK USA
VS
SHOEMAKER THOMAS M
JASON VIORAL , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SHOEMAKER THOMAS M the
DEFENDANT , at 2002:00 HOURS, on the 21st day of April , 2006
at 10 YORWICK ROAD
CARLISLE, PA 17013 by handing to
PAULENE SHOEMAKER, MOTHER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.40
Affidavit .00
Surcharge 10.00
.00
32.40
?`
Sworn and Subscribed to before
me this day of
A.D.
So Answers:
R. Thomas Kline
04/25/2006
WELTMAN WEINBERG REIS
By: `
e uty Sheriff
Prothonotary
A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN BANK USA
Plaintiff
vs.
THOMAS M SHOEMAKER
Defendant
COMMERCE BANK
MEMBERS 1ST FCU,
Garnishee,
No. 06-2191-CIVIL
PRAECIPE FOR WRIT OF EXECUTION
(BANK ATTACHMENT and LEVY)
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin R. Bibler
PA I.D. 493598
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04830648
4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN BANK USA
Plaintiff
vs. Civil Action No. 06-2191-CIVIL
THOMAS M SHOEMAKER 10 f-b, i)(:"j 1-701-S
Defendant
COMMERCE BANK- Z.0 N0ble.'&U6, ?„rt?5te, P(A 17013
MEMBERS I ST FCU, - t t W(Q W(D tnu-t ?m f-2-d , CC.?_ r ?S l_?, V4 1-101 S
Garnishee
TO THE PROTHONOTARY:
PRAECIPE FOR WRIT OF EXECUTION
Kindly issue a Writ of Execution in the above matter...
I. directed to the Sheriff of CUMBERLAND County:
2. against THOMAS M SHOEMAKER,'Defendant
3. against COMMERCE BANK AND MEMBERS 1ST FCU, Garnishee
4. Judgment Amount $ 6,034.59
Interest
Costs
SUBTOTAL:
Costs (to be added by Prothonotary):
$ 244.03
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
Benja R. ibler
PA I. . #93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04830648
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-2191 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CHASE MANHATTAN BANK USA Plaintiff (s)
From THOMAS M SHOEMAKER, 10 YORWICK RD, CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL
PROPERTY OF THE DEFENDANT .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
COMMERCE BANK, 20 NOBLE BLVD., CARLISLE, PA 17013
MEMBERS 1sT FCU, 1166 WALNUT BOTTOM ROAD, CARLISLE, PA 17015
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $6034.59
Interest $244.03
Atty's Comm %
Atty Paid $114.90
Plaintiff Paid
Date: 3-13-07
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
iiepury
REQUESTING PARTY:
Name BENJAMIN R BIBLER, ESQUIRE
Address: WELTMAN WEINBERG & REIS CO., LPA
2718 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-434-7955
Supreme Court ID No. 93598
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN BANK USA
Plaintiff
VS.
THOMAS M SHOEMAKER
Defendant
and
MEMBERS 1 ST FCU
Garnishee
No. 06-2191 CIVIL
INTERROGATORIES IN ATTACHMENT
MEMBERS 1' FCU
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin R. Bibler
PA I.D. #93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04830648
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN BANK USA
Plaintiff
vs.
THOMAS M SHOEMAKER
Defendant
and
MEMBERS 1 ST FCU
Garnishee
Civil Action No.: 06-2191 CIVIL
TO: MEMBERS 1sT FCU Suggested Reference No.: XXX-XX-6294
1166 WALNUT BOTTOM RD
CARLISLE PA 17015
RE: THOMAS M SHOEMAKER
10 YORWICK RB
CARLISLE,PA 17013
IMPORTANT NOTICES TO GARNISHEE
A. You are required to file answers to the following interrogatories within twenty (20) days after
service upon you. Failure to do so may result in Judgment against you.
B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of
Execution is issued.
C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to
attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes
into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the
resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the
time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited
and withdrawn during the intervening period.
INTERROGATORIES IN ATTACHMENT
1. At the time you were served or at any subsequent time did you owe the defendant any money or
were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money
or were liable to him for any reason? ND
2. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount
of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof,
the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written
instruments and the present location of each of such instruments; the amount or amounts that defendant claims or
claimed that you owe or owed to him; and the nature and amount of each of such liabilities.
3. At the time you were served or at any subsequent time was there in your possession, custody or
control of yourself and one or more other persons any property of any nature owned solely or in part by the
defendant. No
4. If the answer to Interrogatory 3 is in the affirmative, describe the nature, fair market value, and
present location of each of such properties.
5. At the time you were served or at any subsequent time did you hold legal title to any property of
any nature owned solely or part by the defendant or in which defendant held or claimed any interest?
^
1? O
6. If the answer to Interrogatory 5 is in the affirmative, describe the nature, fair market value, and
present location of each of said properties.
7. At the time you were served or at any subsequent time did you hold as fiduciary any property in
which the defendant had an interest? NO
8. If the answer to Interrogatory 7 is in the affirmative, describe the nature, fair market value, and
present location of each of such properties.
9. At any time before or after you were served, did the defendant transfer or deliver any property to
you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof?
N 0
10. If the answer to Interrogatory 9 is in the affirmative, describe the nature, fair market value, and
present location of each of such properties.
11. At any time after you were served did you pay, transfer, or deliver any money or property to the
defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant
against you? n f z
12. If the answer to Interrogatory 11 is in the affirmative, describe the amount or nature,
fair market value and present location of each of such payments and properties.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
Ben' R. Bitter
PA D. #93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04830648
71
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y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN BANK USA
Plaintiff
VS.
THOMAS M SHOEMAKER
Defendant
and
COMMERCE BANK
MEMBERS I ST FCU
Garnishee
No. 06-2191-C W IL
INTERROGATORIES IN ATTACHMENT
COMMERCE BANK
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin R. Bibler
PA I.D. #93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04830648
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN BANK USA
Plaintiff
vs.
THOMAS M SHOEMAKER
Defendant
and
COMMERCE BANK
MEMBERS 1 ST FCU
Garnishee
Civil Action No.: 06-2191-CIVIL
TO: COMMERCE BANK Suggested Reference No.: XXX-XX-6294
20 NOBLE BLVD
CARLISLE PA 17013
RE: THOMAS M SHOEMAKER
10 YORWICK RB
CARLISLE,PA 17013
IMPORTANT NOTICES TO GARNISHEE!
A. You are required to file answers to the following interrogatories within twenty (20) days after
service upon you. Failure to do so may result in Judgment against you.
B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of
Execution is issued.
C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to
attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes
into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the
resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the
time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited
and withdrawn during the intervening period.
INTERROGATORIES IN ATTACHMENT
1. At the time you were served or at any subsequent time did you owe the defendant any money or
were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money
or were liable to him for any reason?
Defdndant had accounts 537081754 with a balance of $423.91 and 732083092 with a balance of $100.00 at time
served. Both accounts are hed individually.
2. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount
of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof;
the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written
instruments and the present location of each of such instruments; the amount or amounts that defendant claims or
claimed that you owe or owed to him; and the nature and amount of each of such liabilities.
See answer to question 1.
3. At the time you were served or at any subsequent time was there in your possession, custody or
control of yourself and one or more other persons any property of any nature owned solely or in part by the
defendant.
See answer to question 1.
4. If the answer to Interrogatory 3 is in the affirmative, describe the nature, fair market value, and
present location of each of such properties.
5. At the time you were served or at any subsequent time did you hold legal title to any property of
any nature owned solely or part by the defendant or in which defendant held or claimed any interest?
See answer to question 1.
6. If the answer to Interrogatory 5 is in the affirmative, describe the nature, fair market value, and
present location of each of said properties.
7. At the time you were served or at any subsequent time did you hold as fiduciary any property in
which the defendant had an interest?
No
r
8. If the answer to Interrogatory 7 is in the affirmative, describe the nature, fair market value, and
present location of each of such properties.
9. At any time before or after you were served, did the defendant transfer or deliver any property to
you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof?
Defendant made deposits into the above referenced accounts in the ordinary course prior to service, none of
which were at the direction of C mwxce Bank.
10. If the answer to Interrogatory 9 is in the affirmative, describe the nature, fair market value, and
present location of each of such properties.
11. At any time after you were served did you pay, transfer, or deliver any money or property to the
defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant
against you?
No
12. If the answer to Interrogatory 11 is in the affirmative, describe the amount or nature,
fair market value and present location of each of such payments and properties.
Commerce Bank
3801 Paxton Street
larrisburg, PA 17111
7 2-6134
_ Date
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
Benjami 9R.Bibler
PA I.D. #93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#04830648
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN BANK
Plaintiff
VS.
THOMAS M SHOEMAKER
Defendant
MEMBERS FIRST FCU
Garnishee
No. 06-2191-CIVIL
PRAECIPE TO SETTLE, DISCONTINUE
& END AS TO THE GARNISHEE
MEMBER FIRST FCU ONLY
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY
James C. Warmbrodt
PA LD #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(41.2) 434-7955
WWR404830648
i
10
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN BANK
Plaintiff
VS.
THOMAS M SHOEMAKER
Defendant
MEMBERS FIRST FCU
Garnishee
Civil Action No. 06-2191-CIVIL
PRAECIPE TO SETTLE DISCONTINUE AND END
AS TO THE GARNISHEE, MEMBERS FIRST FCU. ONLY
TO THE PROTHONOTARY OF COUNTY:
Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, MEMBERS FIRST FCU,
only, upon the records of the Court and mark the cost paid.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By.
JamJD54 m rodt
PA I4
WEINB
271ildin
436 ue
Pittsburgh, 219
(412):434-7 Sworn to and subscribed
Before me the o
Day of APRIL
ARY
& REIS CO., L.P.A.
R#44830648
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-2191 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CHASE MANHATTAN BANK USA Plaintiff (s)
From THOMAS M SHOEMAKER, 10 YORWICK RD, CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL
PROPERTY OF THE DEFENDANT .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
COMMERCE BANK, 20 NOBLE BLVD., CARLISLE, PA 17013
MEMBERS 1sT FCU, 1166 WALNUT BOTTOM ROAD, CARLISLE, PA 17015
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $6034.59
Interest $244.03
Atty's Comm %
Arty Paid $114.90
Plaintiff Paid
Date: 3-13-07
(Seal)
REQUESTING PARTY:
Name BENJAMIN R BIBLER, ESQUIRE
Address: WELTMAN WEINBERG & REIS CO., LPA
2718 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412434-7955
L.L. $.50
Due Prothy $1.00
Other Costs
Deputy
Supreme Court ID No. 93598
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN BANK USA,
Plaintiff
vs.
THOMAS M SHOEMAKER
Defendant
No. 06-2191 CIVIL
PRAECIPE FOR SATISFACTION OF
JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
PATRICK THOMAS WOODMAN, Esquire
PA. I.D.#34507
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#4830648
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN BANK USA,
Plaintiff
vs.
Civil Action No. 06-2191 CIVIL
THOMAS M SHOEMAKER
Defendant
PRAECIPE FOR SATISFACTION OF JUDGMENT
At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned
Judgment.
Sworn to and subscri ed
before me this
day of S tuber, 07
N ARY BLI
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: 7C?7?,_?- 14&°'4 U wvo?
PATRICK THOMAS WOODMAN, Esquire
PA. I.D.#34507
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #4830648
COMMONWEALTH OF PE
Notarial Sea!
!._ Gault, P'
NNSYLVANIA
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