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HomeMy WebLinkAbout10-17342072663 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. SHARON L MAGRUDER 2180 CANTERBURY DR MECHANICSBURG PA 17055-5767 ASSESSMENT OF --- -n r r V r -? _ r o Cic, - p. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : Io 1173q 0'-" i (Tcw 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 O *qa. oo Po A-mv ate lowol t!T* a 38g5o 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 merchandise 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 1/25/10 in the amount of $7,668.71. 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 12/16/08. WHEREFORE, plaintiff claims of the defendant(s) the sum of $7,668.71 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEIN ERG, ESQUIRE JOEL M. FLI ESQUIRE Attorney for Plaintiff P01A 2072663 09350775 CHASE BANK USA, N.A. SHARON L MAGRUDER 4227334100075581 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 ccunsel 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 Deborah Hicks EXHIBIT "A" 2285 SHARON L MAGRUDER 4227334100075581 2072663 09350775 CHASE BANK USA, N.A. AFFIDAVIT I, Debi( 2&.6 , 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 $7,668.71 plus interest of $.00 at the rate of 0$ less credits in the amount of $.00 totaling $7,668.71 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 corr to the best of my knowledge, information and belief. AFFIA T D66rah Hicks Sworn to and Subscribed to ( affirm d) before me this ?,?- day of o 2009 by De ?tMl??l??lS Proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature (Seal) aR P100.1 X!m Wt SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor 9tti}ttp of lur+brr,41ld OFFKE '; ? -,-= ?-?RIFF D-0t-F CE 0F 7''iC ppcj?pnf3ARy 2010 MAR 22 P1 8: 38 CUa'l?, p Chase Bank USA, N.A. vs Case Number . Sharon L. Magruder 2010-1734 SHERIFF'S RETURN OF SERVICE 03/18/2010 03:46 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2010 at 1546 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sharon L. Magruder, by making known unto himself personally, at 2180 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $37.00 March 19, 2010 SO ANSWERS, ? RON R ANDERSON, SHERIFF !q Cov'*Y„suit! Chentf, leie.US t. I".-I I 11 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 D,Pttl 13 °411: 2 4, 1 ND CHANTY CUMBERLA. PENNSYLVANIA CHASE BANK USA, N.A. vs. SHARON L MAGRUDER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-1734 PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI ERG, ESQUIRE JOEL M. FLI , ESQUIRE Attorney for Plaintiff P006 r 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. BERG, ESQUIRE Dated ?