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HomeMy WebLinkAbout10-1733t MATTER. ASSESSMENT OF THIS IS AN ARBITRATION MA 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 C v ? b t CHASE BANK USA, N.A. 3700 WISEMAN BLVD. SAN ANTONIO, TX 78251 Vs. ERIC L SLASEMAN 35 CENTRAL BLVD CAMP HILL PA 17011-4210 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10 - lq33 a'%v; l-T?erm 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 001.00 Pry Ate/ eaMll 0 2073028 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 1/22/10 in the amount of $5,301.24. 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 9/28/08. WHEREFORE, plaintiff claims of the defendant(s) the sum of $5,301.24 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EINBE G, ESQUIRE JOEL M. FLI 11 QUIRE Attorney for Plaintiff P01A is * a 2073028 09450640 CHASE BANK USA, N.A. ERIC L SLASEMAN 4266902029712336 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. NAME ? H ? EXHIBIT "A" 2285 ERIC L SLASEMAN 4266902029712336 2073028 09450640 CHASE BANK USA, N.A. AFFIDAVIT 1, D8bO1VfiHkk 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 $5,301.24 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $5,301.24 as of December 7, 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 De6pn6NA* Sworn to and Subscribed to (or affirmed) before me this 2Z day of ZGc_ 2009 by Debomk 9W Proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signal re vv-? ^ -----*geal ) P100,1 y LINDA BOWARD rte:' •°. Notary Public, State of Texas ?;.e My Commission Expires ?Y! ? „ January 26, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r-- , Sheriff Jody S Smith Chief Deputy It P" G: 21 Edward L Schorpp Solicitor OPFI . F Chase Bank USA, N.A. Case Number EricvsL.. Slaseman 2010-1733 SHERIFF'S RETURN OF SERVICE 03/12/2010 04:17 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2010 at 1613 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Eric L. Slaseman, by making known unto Carol Slaseman, Wif f defendant at 35 Central Boulevard, Camp Hill, Cumberland County, Pennsylvania 17011 its con nt and at the same time handing to her personally the said true and correct copy of the same. M ,DEPUTY SHERIFF COST: $41.50 March 15, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (ci Gowlty5ulte SFertf Ieieoso'T_ Itr,. IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA n ,.,s IN AND FOR CUMBERLAND COUNTY ~ ~ o CHASE BANK USA, N.A. ~. ~ ~::; ~J ~ ~ ~~ _, v Case Number: 10-1733 Civil Terre ~' ~~ ~{ ~:% c.~ ERIC L. SLASEMAN ~ C'. +x~* ~``- ~~ +~ "!f ~? ..,, ~' A1`1SWER OF DEFENDANT ~ ~ y 1'rn Se Defendant Eric L. Slaseman, hereby enters his appearance and answers the Complaint of Chase Bank USA, N.A. as follows: The Defendant admits in part and denies in part the allegations of paragraph 1 of the Complaint The Defendant admits to receiving and using Plaintiff's credit card. The Defendant has no recollection or receiving and having the opportunity to review and sign an Agreement to this account. Therefore the Defendant demands evidence of a signed Agreement and denies being bound by the terms of any particular document until Plaintiff produces said Agreement. The Defendant admits in part and denies in part the allegations of paragraph 2 of the Complaint. The Defendant admits to receiving and using Plaintiff's credit card. The Defendant has no recollection or receiving and having the opportunity to review and sign an Agreement to this account. Therefore the Defendant demands evidence of a signed Agreement and denies being bound by the teens of any particular document until Plaintiff produces said Agreement. The Defendant admits in part and denies in part the allegations of paragraph 3 of the Complaint. The Defendant admits to receiving and using Plaintiff's credit card. Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. 4. The Defendant denies the allegations of paragraph 4 of the Complaint. Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terns of the account agreement and the owner of the accourrt at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged otT. 5. The Defendant denies the allegations of paragraph 5 of the Complaint. Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. 6. The Defendant denies the allegations of paragraph 6 of the Complaint. Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. WHEREFORE: The Defendant respectfully requests that Plaintiff's Complaint be dismissed and the relief requested in Plaintiff s Complaint be denied. VERIFICATION The Defendant verifies that the statements made herein are true and correct based upon his knowledge, information and belief. The statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. _~7 Eric L. Slaseman 35 Central Blvd Camp Hill, PA 17011-4210 717-763-0542 Pro Se Defendant CERTIFICATE OF SERVICE The Defendant(s) HEREBY CERTIFY that on this ~ day of A P ~ ~ L 20w a copy of the foregoing pleading was mailed, first-class, postage pre-paid to: Frederic I. Weinberg, Esq. Gordon & Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 Attorney for Plaintiff ~~~ Eric L. Slaseman This document was prepared by, or with, the assistance of an attorney employed by Persels & Associates, LLC ! Peisels & Associates, LLP {CA, Mn,800-498-6761.