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Home My WebLink About03-5787 Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, P A 19399 (610) 902-0530 Credit One, LL 3619 18th Street Metairie, LA 70002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff V. CIVIL ACTION - LAW ANTHONY CENTURIONE JR 257 WINDING WAY CAMP HILL, P A 17011-8462 NO. ~_::C - S'lP'l (?-,u~L ~~ Defendant COMPLAINT - CIVIL ACTION NOTICE TO DEFEND A VISO You have been sued in court. If you wish to defend Le han demando a listed en la corte. Si listed qui ere defenderse against the claims set forth in the following pages, de estas demandadas expuestas en las paginas siguentes, listed you must take action within twenty (20) days after tiente veinte (20) dias de plaza al partir de la fecha de la this complaint and notice are served, by entering a demanda y 1a notification. Haee faIta asentar una comparencia written appearance personally or by an attorney and escrita on en persona 0 con un abogado y entregar a la corte filing in writing with the court your defenses or enforma escritas sus objectiones alas demandas en contra de objections to the claims set forth against you. You su persona. Sea avisado que si usted no se defende, la corte are warned that if you fail to do so the case may tomara medidas y puede continuar la demanda en contra suya proceed without you and a judgment may be entered sin previo aviso 0 notification. Ademas, la corte puede decidir against you by the court without further notice for a favor del demandante y requiere que usted curnpla con todas any money claimed in the complaint or for any other las provisiones de esta demanda. Usted puede perdes dinero 0 claim or relief requested by the plaintiff. You may us propriedadedsu otros derechos importantes para usted. lose money or property or other rights important to you. LLEVE ESTA DEMANDA A UN ABOGADO YOU SHOULD TAKE THIS PAPER TO YOUR INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO LAWYER AT ONCE. IF YOU DO NOT HAVE A TIENE EL DINERO SUFFICIENTE DE PAGAR TAL LAWYER OR CANNOT AFFORD ONE, GO TO OR SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEPHONE THE OFFICE SET FORTH BELOW TO TELEFONO A LA OFFICINA CUY A D1RECCION SE FIND OUT WHERE YOU CAN GET LEGAL HELP. ENCUENTRA ESCRlTA ABNOPARA AVERlGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liherty Ave Carlis]e, PA 170]3 (7] 7) 249-3166 ASSOCIACION DE UCENCIADOS DE C 2 Liberty Ave Carlisle, PA 17013s (717) 249-3166 Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box 2245 Southeastern, P A 19399 (610) 902-0530 CREDITONE, LLC 3619 18th St. Metairie, LA 70002 IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PA Plaintiff v. ANTHONY CENTURIONE JR 257 WINDING WAY CAMP HILL, PA 17011-8462 Defendant No. COMPLAINT - CIVIL ACTION COUNT ONE I. The Plaintiff herein is CREDITONE, LLC, assignee of CITIBANK CREDIT CARD, located at 3619 18th St., Metairie, LA 70002. 2. The Defendant herein is ANTHONY CENTURIONE JR, an adult individual located at 257 WINDING WAY, CAMP HILL, PA 17011-8462. 3. Defendant borrowed from CITIBANK CREDIT CARD the sum of $7007.64 over the course of their relationship as of 7/1 5/99 on account #5424180328014581. A true and correct copy of an affidavit of account is attached hereto and marked Exhibit nA_1 n. 4. In addition, interest has accrued, and continues to accrue, from 7/15/99, at the minimum rate of 15.90% per annum. 5. Plaintiff is the assignee ofCITIBANK CREDIT CARD, for lawful consideration. 6. Plaintiff has in all respects fulfilled all conditions precedent to its obligations on the contract and for bringing this Complaint for damages. 7. There is no offset known to Plaintiff on the amounts set forth in Paragraphs 4 and 5. 8. Despite repeated demand by Plaintiff, Defendant has refused and continue in failure and refusal to pay Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $7007.64, together with interest at the contract rate of 15.90% per annum commencing in 7/15/99, and costs of this action. COUNT TWO Plaintiff also claims alternatively on the basis of quantum meruit or Quasi Contract. 10. Paragraphs I through 8 above are incorporated herein by reference as though fully set forth. 1 I. Plaintiff was neither a volunteer nor an officious intermeddler. 12. Plaintiff provided said revolving credit. 13. Plaintiff expected payment from the Defendant for said revolving credit in the amount set forth above. 14. The amount claimed is the fair and reasonable market value for said revolvoing credit. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $7007.64, together with interest at the contract rate of 15.90% per annum commencing in 7/15/99, and costs of this action. Dated: October 27, 2003 BY ~ Ron Z. Opher, Esquire Attorney for Plaintiff STATE OF Lomsian1t PARISH of Jefferson AFFIDAVIT IN SUl'PORT OF COMPLAlNT I HEREBY CERTIFY THAT: I, SlIZ8Dtle Middleton am the ControllerofCreditOne, LLC the Plaintiff herein, and am competent to testify to the matters stated herein, which are made on my personal knowledge: That there is justly due and owing by the Defendant ($) Anthony Centurione Ir, account number 5424180328014581 to the Plaintiff the sum 0[$7,007.64 with interest at 15.9"10 per annum from 12110/99 until paid in full. That the action is based upon a consumer credit agreement executed by defendant with plaintiff's assignor, CitibaDk wherein defendant agreed to pay all amountS charged to said account and that the plaintiff purchased this account from the assignor herein and was assigned all tights and obligations as set forth in the lICCODlpanying documents and statements. That the Plaintiff has credited any payments received from the Defendant(s} on this account to the balance owed, and the amounts above stated reflect .any payments made to date. Plaintiff and/or its predecessor in interest stated an account to defendant by sending mOJ)th!y statements to the defendant, thereby constituting a written account stated. That the Plaintiff keeps regular books of account and that the keeping of said books of account is in the charge of/or under the supervision of the affiant. The entries in said books of account are made in the ordinary course of business. To the best of my knowledie the Defendant is not now in the militlll:Y service, as defined in the Soldier's and Sailor's Civil Relief Act of 1940 with amClldments, nor has been in such service within thirty days hereof. I do solemnly declare and affinn under the penalties of perjury that the matters set forth above are true ape! correct to the best of my knowledge. A hJ J i .I j i i-r;; .. Date:!O/,O/03 ~~ Signature of Affiant :!3u. .1.J.u....lY' m;d.J ~iL Printed Name of Affiant I HEREBY' CERTIFY' that on ~ before me, the subscriber, a Notary Public in and for :::''''"'' -,...,.,,", - ...~ ....,""'-7'4.....f Notlll:Y No Expiration on Commission -,."" VERIFICATION I, Ron Z. Opher. Esquire , hereby state: 1. I am the attorney for the plaintiff in this action, and I sign this Verification stating that Plaintiff is out of the jurisdiction of the Commonwealth; 2. I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief; and 3. I understand that the statements in said Complaint are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Dated: I 'OJ-tn/V} By: c1c:> Ron Z. Opher, Esquire t 7j (::) ofq (') 0 c 0 t ~ -~ W .." 1JtI~ ~ ::j fT\(' '::l z--- .,,~ i'-~F1 - a z I ~ ~ G'1. -;,1" ~ ...,,", W ;',i:} g c:f I ~~~..~ .." ::~, :;.~~ .z: ~ Z;,~~.~ -u ~- ~ - f' :t-'i w :~Sf'n c.v p:: >:.:: _.~ -...c: -,' ,~ ;;:.. co _U - 1- -< ( SHERIFF'S RETURN - REGULAR CASE NO: 2003-05787 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CREDIT ONE LL VS CENTURIONE ANTHONY JR SGT DAVID ZEIGLER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CENTURIONE ANTHONY JR the DEFENDANT , at 0905:00 HOURS, on the 7th day of November, 2003 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to ANTHONY CENTURIONE JR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention~o the contents Additional Comments ~ 257 WINDING WAY IS HIS PARENT'S ADDRESS. THEY ~IM THAT HE MOVED OUT 2 YEARS AGO. HE HOWEVER SAYS THAT THA IS STILL HIS CURRENT ADDRESS, ALTHOUGH HE'S NEVER THERE. Sheriff's Costs: So Answers: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 thereof. .r~~ R. Thomas Kline 11/07/2003 RON OPHER Sworn and Subscribed to before By: n 1(,~!J ,(. i--/( . h/ DeputY~iff me this /'frJ? day of 7Lu.v.uJ~ 2ffiJ. , A.D. l I '-- Orvw~d 10__ h Prothonotary I '"'"T'7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CREDITONE, LLC, 3619 18th St., Metairie, LA 70002, Plaintiff Case No.: 03-5787 Civil Term VS. ANTHONY CENTURIONE JR, 257 Winding Way, Camp Hill, PA 17011, Defendant PRELIMINARY OBJECTIONS 1. All of the described interactions in the Complaint happened beyond the Statute of Limitations and therefore are invalid. WHEREFORE, Defendant demands judgment in his favor. Dated: December 9, 2003 CERTIFICATE OF SERVICE I hereby certify that a copy of the forgoing document was served on today's date by first class mail postage prepaid to the following: Ron Z. Opher, Esquire P.O. Box 2245 Southeastern, PA 19399. Dated:December 9, 2003 .~.~~ ~hony Centurione JR VERIFICATION 1. I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge. I understand that the statements in said Complaint are made subject to the penalties of 18 Fa.C.S. 4904 relating to unsworn falsification to authorities. Dated: December 9, 2003 BYC~ - Anthony Centurione JR (') ~ -O\'~~ n\;"' ;:~, :--:;,' 7' ~ ~L <::: ~- ~( L,. =.. .;..'~ t;', ~ C "\1 ,:"::J ,1 :::> ,0 , ., -~D -< Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 CREDlTONE, LLC. Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 03.5787 v. : CIVIL ACTION ANTHONY CENTURlONE, JR. : TRIAL DIVISION Defendant PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELlMINARY OBJECTIONS 1. Denied as a conclusion of law to which no response is required. By way of further answer, Statute of Limitations is an affirmative defense which may only be plead in a responsive pleading under the heading of "New Matter" pursuant to Rule 1030 of the Pennsylvania Rules of Civil Procedure. The defense of statute of limitations is not one of the grounds for preliminary objections enumerated in Rule 1028 of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff requests this Honorable Court OVERRULE Defendant's preliminary objections and direct Defendant to file an Answer within 20 days. Dated: i Ie 0 lo'i By: ~ Ron Z. Opher, Esquire Attorney for Plaintiff ~" '" c;:~ C:'~~ ~- () ,on '-1 F~p1 -tJm -;-,0 (~]S~ -" , r Ie) ~,.;: i-I"! j ,," ~! ~~.'" -,;~ '-, <-.. :::m, :;::: N -0 c.., (]1 C,..fi l&. ([)) IN :E Q ([)) JP IHI IE l&. ATTORNEY AT tAW , January 20, 2004 Prothonotary, Common Pleas Cumberland County Courthouse I Courthouse Square , Carlisle, PA 17013, ' Re: CreditOne, LLC v Anthony Centurione, Jr. No: 03-5787 Dear Sir or Madam: Enclosed please find an original and one copy of Plaintiff s Response to Preliminary Objt;lCtions -, and Memorandum of Law in Support in the above-referenced matter. Kindly return a date- stamped copy iQ, the envelope provided. By way of same letter, I have served a copy upon ,r-, ,Defendant. ff/U4-~, ~,.~ ~ tl~ d4-~~j2MdJ' '-,' (! o-t-uf- / ~ {.<J ~ ,u ~U?I cy vi fuL'(f lfJ,e d .AJ;, .u ~ IftUU. ~ wS I-- U{ )'u..W, f ~ IWlO it tRriuly yours, , - ' '4..52- '" -~. " . RZO:sm CC: Anthony Centurione, Jr. (Defendant, pro se) , This communication is from a debt collector. Ron Z. Opher, Esquire Post Office Box 2245 . Southeastern, PA 19 399 . 610-902-0530 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO TIIE PROTIIONOTARY OF CUMBERLAND COUNTY: Pleasc list the within matter for the next Argument Court. --.-------------------------...------------..---------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) C-,e..9 .,k 0\",,-, LI.-C (plaintiff) Ys. A u 1"_(\-\vr:o"e.J5r. I \0.""Y--""'\ '--'" (Defendant) No. 0'i-578'1 ,C.v. I Term 1. Stale matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): n .. \)e....Ii"'~n....-\-'<:, tre...\,()o-''''''''1 Olojec+'''''''f 2. Identify counsel who will argue cas..: (a) forplainliff: tJOk ....,. D " '- Ofl-.er. P.O. &"'f. ~2~ r- (Name and A~) '3if> 5: "l..}h.,~ ~ +<-r..... fA /931"1 (b) for defendant: Pr"~o""'1 C.&^-td (, ,.,.....;}r: Pro <;e (Name and Address) , .2S-'1 W.NP-;"5 W"'f c..o-"", 1-1, II fA- 3. I will notify all parties in writing within two days that this case has been listed for argument./1 0 /1 1 jeS 4. Argument Court Date: ~ \ \:\.\ 0 (. II\. Q.i1" . Signature ~ tbl\. "2... OfhG.r Print your name Date: (" L~\D(. ~('e&.: -\- 0",,-, t....LC. Attorney for ~ C";":} d' L_ C~ :;.;..... f'.) o .--:> "'11 '1;;\'" :.-'.,. ,....;c,.. CREDIT ONE, LLC, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY CENTURIONE, JR., DEFENDANT : 03-5787 CIVIL TERM IN RE: PRELIMINARY OBJECTION OF DEFENDANT TO PLAINTIFF'S COMPLAINT ORDER OF COURT AND NOW, this \ "-- day of July, 2006, the preliminary objection of defendant to plaintiffs complaint, IS DISMISSED. Defendant shall have twenty (20) days from this date to file responsive pleadings to plaintiffs complaint. ~ By the ;?9ur( / Ron Z. Opher, Esquire P.O. Box 245 Southeastern, PA 19399 For Plaintiff Anthony Centurione, Jr., Pro se 257 Winding Way ,Camp Hill, PA 17011 ~~ '1- I.J ..-0'- Q-, :sal /\1 ! : r J 21 .., I \J :!'.-'! . I Ron Z. Opher Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, P A 19399 (610) 902-0530 CreditOne, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff v. CIVIL ACTION - LA W ANTHONY CENTURIONE JR 257 Winding Way Camp Hill, PA 17011-8462 NO. 03-5787 CIVIL TERM Defendant PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, CreditOne, LLC, against Defendant, ANTHONY CENTURIONE JR, for want of an answer. Assess damages as follows: Debt Interest (per contract and complaint) Attorney's Fee (per contract and complaint) TOTAL $7007.64 $7892.35 $0.00 $14899.99(plus costs) I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that no written notice of the intention to file this praecipe is necessary pursuant to Pa.R.c.P. 237.1 b(2). The court's order is attached. By: 19 -- Ron Z. Opher ID #57507 Attorney for Plaintiff AND NOW ~-(' nff' I1Il ne r 2i ,20 ti; , Judgment is entered in favor of CreditOne, LL , agAinst Defendant, ANTHONY CENTURIONE JR, by Default for want of an answer and damages assessed at the sum of $14899.99 as per the above certification. - OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square Carlisle,DPA 17013 TO: ANTHONY CENTURIONE JR 257 Winding Way Camp Hill, PA 17011-8462 CreditOne, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff v. CIVIL ACfION - LAW ANTHONY CENTURIONE JR 257 Winding Way Camp Hill, PA 17011-8462 NO. 03-5787 CIVIL TERM Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Default Judgment has been entered against you in the above proceeding. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL RON Z. OPHER, ATTORNEY FOR PLAINTIFF, at 610-902-0530. ... CREDIT ONE, LLC, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY CENTURIONE, JR, DEFENDANT 03-5787 CIVIL TERM IN RE: PRELIMINARY OBJECTION OF DEFENDANT TO PLAINTIFF'S COMPLAINT ORDER OF COURT AND NOW, this \"- day of July; 2006, the preliminary objection of defendant to plaintiff's complaint, IS DISMISSED. Defendant shall have twenty (20) Ron Z. Opher, Esquire P.O. Box 245 Southeastern, PA 19399 For Plaintiff Anthony Centurione, Jr., Pro se 257 Winding Way Camp Hill, PA 17011 :sal TRUE COP'\' FROf-A AECORU "11 T IIUmoAy \1Ii&'eof, i here unto set mr hMCI ~ ~02~ "said ~ at ~~~ ~ (t; ~~. Jt.< PI'othonGllr, , .. CreditOne, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff v. CIVIL ACTION - LAW ANTHONY CENTURIONE JR 257 Winding Way Camp Hill, PA 17011-8462 NO. 03-5787 CIVIL TERM Defendant CERTIFICATION OF ADDRESSES AND AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS I, Ron Z. Opher, Attorney for Plaintiff, being duly sworn according to law, depose and say that I am the attorney for Plaintiff and I am authorized to make this affidavit on Plaintiff's behalf. I hereby certify that the address of the Plaintiff is " . Defendant's address is 257 Winding Way, Camp Hill, PA 17011-8462. In addition, Defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 or the amendments thereto. I verify that the statements made in the foregoing certification and affidavit are true and correct to the best of my knowledge, information and belief; and I understand that the statements in said certification and affidavit are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~.. DATED: By: Ron Z. Opher ID #57507 Attorney for Plaintiff ~ ?~ ~~~ ~ ~ ~, \.;)..;l " ..,-.:::: ~ ~ ~ ~ ~ ~ o C 2' ~, (":,) 0.... ifJ {-rt -v 1') ....0 -) ~ .-\ :F,~ r t.~. '-- \~ o ., .t:'" C')