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Home My WebLink About10-18262072654 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. _ BY: FREDERIC I. WEINBERG, ESQUIRE C " `r' Identification No.: 41360 ' JOEL M. FLINK, ESQUIRE IT, Identification No.. 41200 _ ?i- 1001 E. Hector Street, Ste 220 _L)clI Conshohocken, PA 19428 -? -?-- -,: 484/351-0500_' 1 -9 :IV CHASE BANK USA, N.A. COURT OF COMMON PLEAS 3700 WISEMAN BLVD. CUMBERLAND COUNTY SAN ANTONIO, TX 78251 VS. DOCKET NO. :to -'8aj C?V lT?? MIKE Z MCELWEE 240 W COLUMBIA RD ENOLA PA 17025-2207 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. s CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 O 4q&,00 PA AT' l C& luo va pXt-g3S 2 73 41 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)tae 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 $2,168.11. 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 1/9/09. 4 WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,168.11 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. INB G, ESQUIRE JOEL M. FLIN QUIRE Attorney for Plaintiff P01A 2072654 09350251 CHASE BANK USA, N.A. MIKE Z MCELWEE 4185861396055810 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. 4?d NAME D OTQl1 Hicks EXHIBIT "A" 1 2285 MIKE Z MCELWEE 4185861396055810 1, Deborah ?licks 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 $2,168.11 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $2,168.11 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. AFFIANT Deborah ?licks Proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature (Seal) P100.1 ?,w,.....!'? KATHERINE M,OUYER r?+. ?7 Pudk, SIeN of 7liet JUNE2?, 2010 Sworn to and Subscribed??t? by oo (o affirm ) before me this 2009 _N??CDOTQ?JiiC? G?dn 2072654 09350251 CHASE BANK USA, N.A. AFFIDAVIT Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND BOUNTY r1~ ~,~RL~--r~F~~1~ ~T~±,~Y ~~+,rtn qt ~;~iail~,~~,~~~t ~ ~ ~~F~ri 't~# r~~'i~i~ 1f~ _. ~ Chase Bank USA, N.A. Case Number vs. 2010-1826 Mike Z. McElwee SHERIFF'S RETURN OF SERVICE 03/22/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Mike Z. McElwee, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Mike Z. McElwee. Current resident of 240 W. Columbia Road, Enola, PA 17025 advised Deputies the Mike Z. McElwee is their landlord. The mail that is received at this residence for the defendant is personally handed to him, and they do not have a current address for him. The Enola Postmaster has confirmed Mike Z. McElwee's mail is delivered to 240 W. Columbia Road, Enola, PA 17025. SHERIFF COST: $46.50 March 22, 2010 SO ANSWERS, ... RON R ANDERSON, SHERIFF ;ci C~~.u-.iySulte Sheriff. 'leis~nsof't. li+c. s ~ Fled--'„~ ~ ~nr tc Tf it f ~~ ~` ~~'~.~Y 2072654 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 Ci~~d~L _.li"i; li~~ _~~ i',..~1 ?~~~'r~M~iif~ CHASE BANK USA, N.A. vs. MIKE Z MCELWEE 240 W COLUMBIA RD ENOLA PA 17025-2207 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 10-1826 PRAECIPE TO REINSTATE CO~LAINT TO THE PROTHONOTARY: Kindly reinstate the Plaintiffs' Complaint in Civil Action in the above-captioned matter for an additional thirty (30) days. GORDON & WEINBERG, P.C. BY: Q ,~'~~ia~~~ ~~y ~~ 11~y3~ w~,n~~y FREDERIC I. JOEL M. FLIN Attorney for R(~, ESQUIRE RE tiff (s) _s r~ a~ r ewe .~ "Z g ~_ s ~_ zo~z6sa THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. CORDON & WETNBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 91360 JOEL M. FLINK, ESQUIRE Identification No.; 412x0 1001 E. Hector Street, Stc ?.20 Conshohocken, PA 19428 484/351-0500 CHASE BANK USA, N.A. 37(?0 WISEMAN f31,VD. SAN ANTONIO, TX 7x151 VS. MIKE Z MCELWEE 240 W COLUMBIA RU ENOLA PA 17025-2207 COURT OP COMMON PI+EA5 CUMBERLAND COUNTY DOCKET NO. ID - ~~,(~, n ti ~ rZ1 ~: ~ = i -~-~ . , r; i fi~~- ,;.. , _ , ~:~ ~. ~ --, .;.. .•'. C? ~_ ~vi ~TerR- TICS YOU NAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN TF~E FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) BAYS 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 CLAIt~GS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CAST MAY E'ROCEED WITHOUT YOU AND A JUDGEMENT MAY DF, ENTERED AGAINST XOU 8Y THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER Ci.AIM OR RELIEF REQUESTF,b $Y THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE T}iIS PAPER TO YOUR 7,AWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE 5ET FORTH BELOW TO FIND OUT WHERE YOU CAN GET ZEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 ASSESSMENT OF 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 def.endant(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 Flaintiff. 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 $2,168.11. 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 1/9109. WHEREFORE, plaintiff claims of Lhe defendant(s~ the earn of $2,168.11 plus applicable costs, interest and attorney's fees. CORDON & WETNBERG, P.C. BY: FREDERIC I. IN8 G, ESQUIRE JOEL, M. FLIN QUIRE Attorney for Plaintiff PO 1A 2072659 09350251 CAASL° BANK USA, N.A. MIKE Z MCELWEE A1858fi1396055$10 VERIFICATION T hereby statF t}iat I am the agent for the plaintiff herein, anti L}~at the facts set forth in the attached Affidavit which is inc:c~r~~orated by reLerenCe in t}~e foregoing Complaint ~i.n Civil Act. i c>n are true anti correct to the best nC my knowlec:}ge, information and k~elief and is basest upon information which plaintiff has fl~r•r~ished to counsel. The language in the Complaint is the t. of counsel and not of plaintiff. Tv the extent that. the contents of the Complaint are that of counsel, plaintiff hat, rHlied upon counsel in making this vPr.ification. 't'his verif.i.cation is mac.}e subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false stal.ements. NAME rD ~, _,s 1 22$5 2072654 09350251 CHASE BANK USA, N.A. MIKE Z I~lCJJLWBE 41$5$61396055810 AFFIDAVIT I , ~ ~e~orah ~~s being duly served sworn according to law, depose and say that: 1. I am t..he agent for the Plaintiff herein and 1 have custody and control of t.}~e files relating to this account; 7. I have personal knowledge of the fac:r.s and circumstances iii connecr.ion with this case; 3. plaintiff's files are mainl_ained in the usual and ordinary course of b~Yiness; 9. This action is based on a claim fo.r breach of contract ar~d t}IaY. damages are sol~ght aw a direct result of said breac}i; 5• '1'l,ese is now due and owing from defendant. to plaintiff, the amount. of 52,168.11 plug intPresl, of 5.00 at t!•ie rate of Ofl less credits in the amount of 5.00 totaling 52,168.11 as of December 4, ?009. 6. if c:a.lled upon, af:fiant can testify at trial as to the facts pertaining to t}~is matter. 't'he above facts are true and correct to~k.he beat of my knowledge, information and belief. A FF IAN 1' ~eb~ ~IC~S Sworn t.~ and Subscribed~,tpo (o affirm ) before me this _,~~~~E 2009 by Rroved to me on the basis of satisfactory evidence to tie;the person(s) who appeared before mP. ~icjnature ~ _.. (Seal) i 7~1'GO . x f'... * ~~ RNVEIN.GCI1'ER __ r" _ .. ~~~'~ `~ ~i . . 'j i .- (( i .~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Chase Bank USA, N.A. vs. Mike Z. McElwee ~~~ytitp Q# ~'run~p~~~~~ ~~.; "x ~_ FACE r_ , r,c StiERIF~ v ., 1U~0 `, ,E - ... ~ f_'~.% . ~i Case Number 2010-1826 SHERIFF'S RETURN OF SERVICE 07/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Mike Z. McElwee, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Mike Z. McElwee. Steve McLery current occupant of 240 W. Columbia Road, Enola, PA 17025 advised Deputies Mike Z. McElwee owns the property but they live out of state. However, The Enola Postmaster is delivering Mike Z. McElwee's mail to 240 W. Columbia Road, Enola, PA 17025. SHERIFF COST: $46.50 July 13, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (cj CouniySuite Sheriff, TeleoSOft. Inc. r 2072654 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. 10-1826 w J qM1q C= MIKE Z MCELWEE ?rn r-q rr- O1 .- PRAECIPE TO WITHDRAW COMPLAINT ? CD 3 2-n TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC Il WWFZNBERG, ESQUIRE JOEL M. FL-NT(, ESQUIRE 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. FREDERIC INBERG, ESQUIRE Dated ??? 14