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Home My WebLink About10-1597J 2072788 THIS IS AN ARBITRATION MATTER. 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 CHASE BANK USA, N.A. 3700 WISEMAN BLVD. SAN ANTONIO, TX 78251 VS. IDA M BARNHART 71 MOONGALE DR CARLISLE PA 17013-2116 COURT OF COMMON PLEAS CUMBERLAND COUNTY n C o v n d .- ma A 0rn DOCKET NO. : 10 - 1597 0,; vi ITerm 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 *9a. o0, Qb AYN ASSESSMENT OF 0" 0,38587 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 January 18, 2010 in the amount of $4,487.82. 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 1/4/09. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,487.82 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE NBE , ESQUIRE JOEL M. FLINK, IRE Attorney for Plaintiff P01A • 2072788 09396564 CHASE BANK USA, N.A. IDA M BARNHART 4366150002113614 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. (IV NAME Deborah dicks EXHIBIT "A" Y 2285 IDA M BARNHART 4366150002113614 2072/88 09396564 CHASE BANK USA, N.A. AFFIDAVIT I , Deborah Hi* being duly served sworn according to law, depose and say that: 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 $4,487.82 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $4,487.82 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. AFFI T Deborah HtCkS Sworn to and Subscribed to (o affirm ) before me this 1;2.2- day of 2009 Deborah S by Proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature P100.1 " KATHERINE M. OUVER •? ?caRUM %ft 01 Tam -4ftewm ,?,,>N JUNE 24,20110 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~~vt~?'~' o[ rvaiuG~rf~~~~ ._ Chase Bank USA, N.A. vs. Ida M. Barnhart SHERIFF'S RETURN OF SERVICE n _r ~~ j~ _ , ~ ---a ;: a~ rim :x.-, .~ ,; _ __ ~ ~~ ~ ~ .., ase~Vum~r 2010-15~ ``= 03/13/2010 07:44 AM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2010 at 0737 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ida M. Barnhart, by making known unto Larry Barnhart, Husband of defendant at 71 Moongale Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. RO ERT BITNER, DEPUTY SHERIFF COST: $33.40 March 15, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF rcj Gcuai':ySuttF Shenfl~. Tele~;oYt. fr,C. 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. IDA M BARNHART TO THE PROTHONOTARY: -'Jr F LU I Ml.'Vf 13 Ail I 1 2 li'v,BEPLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-1597 PRAECIPE TO WITHDRAW COMPLAINT Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE NB G, ESQUIRE JOEL M. FLINK, QUIRE Attorney for 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. Dated FREDERIC I. W IN RG, ESQUIRE