The URL can be used to link to this page

Home My WebLink About10-0489 Our"File No.: 242431 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CHASE BANK USA, N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. TRAVIS K SHENK 1856 WALNUT BOTTOM RD CARLISLE, PA 17015-7672 Defendant. 2CIPG A14 22 Fig i:57 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10 - `{8t NOTICE V'J 1 a 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 4ga.co pa AYW aK:'-1(ou"f 974 d 3(o U71 Oil? File No.: 242431 APOTHAKER & ASSOCIATES, P.C. BY: David 1. Apotlaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CHASE BANK USA, N.A. ) COURT OF COMMON PLEAS c/o Apothaker & Associates, P.C. ) CUMBERLAND COUNTY 520 Fellowship Road C306 ) Mount Laurel, NJ 08054 ) NO.: Plaintiff, ) vs. ) TRAVIS K SHENK ) 1856 WALNUT BOTTOM RD ) CARLISLE, PA 17015-7672 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CHASE BANK USA, N.A. c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are TRAVIS K SHENK, an adult individual residing at 1856 WALNUT BOTTOM RD CARLISLE, PA 17015-7672. 3. At the special instance and request of Defendant, Plaintiff, CHASE BANK USA, N.A., issued to Defendant(s), Account #5149227450055215. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $22,592.17. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $22,592.17 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIA , P.C. Attorney for Plainrt(Cllectioi A Law Firm Engaged in De BY: David J. Apothaker, Dated: 1/15/2010 Our File No.: 242431 VERIFICATION David J. Anothaker Esquire Esa hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 490/?rlating to unsworn falsification to authorities. David J. Apoth ceKEsquire Attorney for Plaintiff DATE: 1/15/2010 f • "I TRAVIS K SHENK CHASE BANK USA, N.A. 1856 WALNUT BOTTOM RD CARLISLE, PA 17015-7672 STATEMENT OF ACCOUNT Debtor's Name: TRAVIS K SHENK Account Number: 5149227450055215 Balance Due: $22,592.17 Our File No.: 242431 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , Sherifftri Jody S Smith Chief Deputy I?3 29 i. Edward L Schorpp Solicitor 0MCE c? 11 ?at?? ? •a ; W- Chase Bank USA, N.A. vs. Travis K. Shenk Case Number 2010-489 SHERIFF'S RETURN OF SERVICE 01/26/2010 05:15 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2010 at 1715 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Travis K. Shenk, by making known unto himself personally, at 1856 Walnut Bottom Road, 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: $33.40 January 27, 2010 SO AN ER , s O Y j AND 4SN, SHERIFF - 1 „ By_ (6 CountySuite Sheriff, ieleosoft, Inc. Travis K. Shenk 1856 Walnut Bottom Road Carlisle, PA 17015-7672 Defendant in Pro Per Court of Common Pleas, Cumberland County State of Pennsylvania, Cumberland County Chase Bank USA, N.A. Plaintiff, Vs. n Travis K. Shenk ?115? Defendant 11 1 OF THE Mjj?" T*y 2010 FEB -5 AM 10: 17 CUBA :? f'?? i,,OUNiY PE NNS4,Lv* , Case # 10-489 Civil Term Travis K. Shenk ("Defendant"), hereby answers the complaint of Chase Bank USA, N.A., ("Plaintiff') for it's self alone as follows and moves this court to bar, stay, or dismiss Plaintiff's claim based on the following: 1. Plaintiff filed a complaint against the defendant(s) for a credit card balance due 2. Defendant moves this court to compel binding arbitration based on the credit card Credit Card Agreement provided by the Plaintiff The parties are bound by Credit Card Agreement to settle disputes by binding arbitration, not by litigation, upon the election of either party (See Credit Card Agreement, attached hereto as Exhibit A). This Motion constitutes notice of election by the undersigned to have this dispute resolved by binding arbitration, as provided for in the Credit Card Agreement. 3. Plaintiff has never sought to take the defendant to arbitration 4. The Federal Arbitration Act ("FAA"), 9 USC, Section 1-2, provides. 4a."A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such a contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." 5. Defendant requests that pending the court's ruling on this Motion this action be stayed. 6. "FAA", 9 USC, Section 1-3 provides: 6a. "If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration." WHEREFORE, Defendant requests that: 1. This honorable court stay the Plaintiffs complaint and any and all action related to this case. 2. This honorable court compels the Plaintiff to seek binding arbitration per the terms and conditions of the Credit Card Agreement. Dated: FebFw" S rw is Signature ?AJIS I?. S t?F.rv1?„ Printed Name Defendant in Pro Per