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Home My WebLink About10-0728 THIS IS AN ARBITRATION MATTE DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 f , CHASE BANK USA, N.A. 3700 WISEMAN BLVD. SAN ANTONIO, TX 78251 Vs. WILLIAM YETTER 40 PLEASANT HALL RD CARLISLE PA 17013-8628 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10 - qAS ?vo1-rem NOTICE 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 JUDGEMENT 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 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 $qa .0o PD A? 04 .1 'Cvq3l 2072604 R. ASSESSMENT OF A COMPLAINT IN CIVIL-ACTION 1. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant (s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 2. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 3. The defendant (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account or Affidavit of Account, if available, is attached hereto as Exhibit "A". 4. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due as of December 30, 2009 in the amount of $15,665.50. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 6. Defendant's last payment on account was made on 4/5/09. WHEREFORE, plaintiff claims of the defendant(s) the sum of $15,665.50 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI B G, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A 2072604 09299383 CHASE BANK USA, N.A. WILLIAM YETTER 4559905001290078 VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. V?-t? NAME DekraA?{f* EXHIBIT "A" s 2285 WILLIAM YETTER 4559905001290078 2072604 09299383 CHASE BANK USA, N.A. AFFIDAVIT law, depose and say that: , being duly served sworn according to 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. There is now due and owing from defendant to plaintiff, the amount of $15,665.50 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $15,665.50 as of December 4, 2009. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. AFFIAN Sworn to and Subscribed to (or affirmed) before me this ? a of 2009 by Proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signat (Seal) P10 LIN17A BOWARD+•`• 'LINDA BOWARD gr"?r3 Nota N Pu ,? • = Notary Public, State of Texas A =, ? ^ blic, State of Texa,: , My Commission Expires on ?•s o ?-xr;, 2011 ''•?ay?+?r`? January 26 .:.... SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor wt 2010 FEB 16 PH 2: 15 Chase Bank USA, N.A. vs. Case Number William Yetter 2010-728 SHERIFF'S RETURN OF SERVICE 02/05/2010 04:40 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 5, 2010 at 1640 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William Yetter, by making known unto himself personally, at 40 Pleasant Hall 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 February 09, 2010 SO ANS ERS, Y R ANDERSON, SHERIFF -1 By "4W 7 Deputy S sI rif' !c i;cur'y5ultc S ?enff Teecs? ft ?,.;: 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CHASE BANK USA, N.A., Plaintiff, V. WILLIAM YETTER, Defendant. PRAECIPE : CIVIL ACTION - LAW : DOCKET NO. 10-728 Civil Term C7 C -u t..- r-j-, r Please enter my appearance for the Defendant in the above. Date: ??'K-Ul49 ?t 117 • ` Y ma'r' eoffrey M.Biringer 401 E.Louther Street Carlisle,PA 17013 (717)243-9400 p ""F 1 C= ..n n - rn -? . rn N 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CHASE BANK USA, N.A., Plaintiff, : CIVIL ACTION - LAW V. WILLIAM YETTER, DOCKET NO. 10-728 Civil Term Defendant. PRELIMINARY OBJECTIONS TO COMPLAINT Defendant moves for the dismissal of Plaintiff's Complaint, and as groundg -ri therefore avers the following:" ; w r- iFr? an* .. U Preliminary Obiection Pursuant to Pa. R. Civ. P. No. 1028(a)(4) (Demurrer) ? ca 1. Plaintiff filed a Complaint demanding damages in the amount of $15,665.50, plus costs, and interest and attorney fees. 2. Plaintiff alleges it is owed certain funds by Defendant for his use of a credit card. 3. The Complaint fails to attach any agreement between the Defendant and the Plaintiff, and the agreement would form the very core of Plaintiff's case. 4. The Complaint fails to allege any agreement with the Defendant on the amounts due or the terms of the agreement, other than one summary of account, so as to support a theory of an account stated, or to allege how Defendant was unjustly enriched by the extension of credit. 5. The Complaint fails to provide any documentation or accounting of charges allegedly made by the Defendant, which would support Plaintiff's claim of damages, such as a breakdown of charges, payments and interest, so that Defendant could bring a Motion for Summary Judgment based upon affirmative defenses such as the Statute of Limitations and/or counterclaims. Preliminary Objection Pursuant to Pa. R. Civ. P. Nos 1019(h)and(i) and 1028(a)(3) (Insufficient Specificity in Pleading) 6. Paragraphs 1 - 5 are incorporated hereinafter by reference hereto. 7. The Complaint contains alleged claims for money owed, but fails to specifically account for the purported sums outstanding and for the amounts of payments made. 8. The Complaint fails to be specific as to the allegations of the amount due and owing, and to state specific services or goods purchased by Defendant. 9. Even if an agreement was implied rather than written, Plaintiff has failed to specifically plead the date of default and provide an accounting of the amounts paid pursuant to an implied contract. 10. Plaintiff fails to state specifically how Defendant was enriched by the use of credit and fails to account for any payments made pursuant to a written agreement, a contract implied in law, or a theory of unjust enrichment. 11. Defendant is entitled to know how he has been enriched by the provisions of goods and or services and how payments have been applied to any alleged goods or services provided. Preliminary Objection Pursuant to Pa. R. Civ. P. No. 1028(a)(2) (Failure to Attach a Writing) 12. Paragraphs 1 - 11 are incorporated hereinafter in reference hereto. 13. The Complaint fails to attach a signed copy of the purported agreement between the creditor and the Defendant. WHEREFORE, Defendant prays that these Preliminary Objections be sustained and the Defendant's Complaint be dismissed with prejudice. Date: ?7Respectfully submitted: MidPenn Legal Services Atto eys for Defendant BY: h Geoffrey M. Beringer, Esquire 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 ID#18040 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Preliminary Objections To Complaint on this 17th day of February 2010, by placing same in the United States mail, first class, postage prepaid, addressed as follows: Frederic I. Weinberg, Esquire 1001 E. Hector Street, Ste. 220 Conshohocken, PA 19428 .c By: Geoffrey M. Bi ' ger Attorney for the Defendants 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 ILI" 207216ftil 1.0THONO TAIR GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 CHASE BANK USA, N.A. vs. WILLIAM YETTER 2011 MAY 13 A 11: 4, 1 CUMBERLAND COUNT PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-728 PRAECIPE TO WITHDRAN COWLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC JOEL M. Attorney W NBERG, ESQUIRE NZ, ESQUIRE r Plaintiff P006 I CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Withdraw Complaint to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC L RG,ESQUIRE Dated r GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2011 MAY 13 AM 11: 41 CUMBERLAND COUNT PENNSYLVANIA CHASE BANK USA, N.A. VS. WILLIAM YETTER TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-728 PRAECIPE TO WITBDRAN C04PIJkINT Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC JOEL M. Attorney WF NBERG, ESQUIRE ,N ESQUIRE r Plaintiff P006 CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Withdraw Complaint to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I. WLT?tARG, ESQUIRE Dated S