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Home My WebLink About10-2836Am Our File No.: 254291 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CHASE BANK USA, N.A. 3700 WISEMAN BLVD BLDG 2 1 ST FLOOR SAN ANTONIO, TX 78251 Plaintiff, vs. JASON PIERRE 44 N LOCUST POINT RD MECHANICSBURG, PA 17050-4503 Defendant. FILED- )4:F; 'E 2010 APR 2S Pji 1: 56 CUmr' '' NIY COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10 - a&3(p Ctv I lTpJ'M 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 judgment 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 G) 4Qa.oo Po err/ • Our File No.: 254291 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CHASE BANK USA, N.A. 3700 WISEMAN BLVD BLDG 2 1 ST FLOOR SAN ANTONIO, TX 78251 Plaintiff, VS. JASON PIERRE 44 N LOCUST POINT RD MECHANICSBURG, PA 17050-4503 Defendant. FIRST COUNT 1. Plaintiff is CHASE BANK USA, N.A., 3700 WISEMAN BLVD BLDG 2 1 ST FLOOR, SAN ANTONIO, TX 78251. 2. Defendant(s) is/are JASON PIERRE, an adult individual residing at 44 N LOCUST POINT RD MECHANICSBURG, PA 17050-4503. 3. At the special instance and request of Defendant, Plaintiff, CHASE BANK USA, N.A., issued to Defendant(s), Account #4185861479636601. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $5,673.99. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CIVIL ACTION COMPLAINT above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $5,673.99 and requests this Court award costs to the extent permitted by applicable law. APOTHAK R & SOCIATES, P.C. Attorney o Plaintiff A Law Firm Eng ge in Debt Cbllectioi BY: David J. AVot)laker, Esquire Dated: 4/21/2010 Our File No.: 254291 VERIFICATION David J. Apothaker, Esquire, Esq. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A.)T4 relating to unworn falsification to authorities. David J. Aaker, Esquire Attorne for Plaintiff DATE: 4/21/2010 w CHASE BANK USA, N.A. JASON PIERRE 44 N LOCUST POINT RD MECHANICSBURG, PA 17050-4503 STATEMENT OF ACCOUNT Debtor's Name: JASON PIERRE Account Number: 4185861479636601 Balance Due: $5,673.99 Our File No.: 254291 EXHIBIT "A" e ~.. t . .~ JASON PIERRE 44 N. Locust Point Road Mechanicsburg, PA 17050 (717) 315-3697 Defendant in Proper Person IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND FOR CUMBERLAND COUNTY CIVIL DIVISION CHASE BANK USA, N.A., ~~,+ ~r Plaintiff, ~.~„ v. Docket Number: 10-2836 "~ fV JASON PIERRE, ,[~ r ~~. Defendant, ~ ANSWER OF DEFENDANT Defendant JASON PIERRE answers the Complaint of CHASE BANK USA, N. A. as follows: 1. The Defendant is without sufficient information to admit or deny the allegations of paragraph 1 of the Complaint, and therefore denies said allegations. 2. The Defendant admits the allegations of paragraph 2 of the Complaint. 3. The Defendant admits the allegations of paragraph 3 of the Complaint. 4. The Defendant admits the allegations of paragraph 4 of the Complaint. 5. As for paragraph 5 of the Complaint, the Defendant is without sufficient information or recollection to admit or deny the amount of the debt or that Exhibit A is an accurate statement of his account, and therefore denies said allegations, and further, the Defendant demands a complete accounting reflecting all charges and credits to the account. 6. The Defendant is without sufficient information or recollection to admit or deny the allegations of paragraph 6 of the Complaint and therefore denies them. Further, the Defendant demands a complete accounting reflecting all charges and credits to the account. 7. The Defendant admits the allegations of paragraph 7 of the Complaint. Further answering: 8. The Plaintiff has an affirmative duty to prove the amount of the debt. If the Plaintiff cannot prove the amount of the debt, this matter should be dismissed with prejudice. 9. The Defendant's hours and pay at work were both cut down, which put him in a difficult financial situation. The situation was made worse when the creditors raised the interest rates, thereby increasing the minimum payments. That has leR the Defendant unable to keep up with his bills. 10. Defendant desires to avoid bankruptcy and urgently wants to pay his debt. However, he needs additional time to do so. WHEREFORE the Defendant requests: Page 1 of 2 .._~~ That the relief prayed by the Plaintiff be denied; That the Plaintiff be required to provide a complete accounting reflecting all charges and credits to the account. If the Plaintiff cannot provide such an accounting, then this case should be dismissed with prejudice; 3. That the Plaintiff be requested to work with Defendant and give his more time to pay the debt; 4. That the Plaintiff be awarded no attorney's fees or cost of suit; 5. That no derogatory information appear on the Defendant's credit record as a result of this law suit; and, 6. That the Court awazds such other and further relief as the nature of this case may require. 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. ~__-- JASO RRE 4 .Locust Point Road Mechanicsburg, PA 17050 (717)315-3697 Defendant in Proper Person CERTIFICATE OF SERVICE The Defendant(s) HEREBY CERTIFY that on this ~ day of ___, 2010, a copy of the foregoing pleading was mailed, first-class, postage pre-paid to: David J. Apothaker, Esq. APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road, C306 Mount Laurel, NJ 08054 Attorneys for Plaintiff / ~--__ JASON P f This document was prepared by, or with, the assistance of an attorney employed by Persels & Associates, LLC / Persels & Associates, LLP (CA, M>), 800-498-6761. Page 2 of 2 A, Our File No.: 254291 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney LD.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CHASE BANK USA, N.A. Plaintiff, vs. JASON PIERRE Defendant. ?CE r6py `) S 11D Ail 9:33 PENP?55YLVA N A COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-2836 CIVIL TERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCI S, P.C. Attorneys for Pla' ti A Law Firm Engaged in eb Collection By: David J. Apothaker, Esquire Dated: 9/l/201 0 I?nlllll??l?lllllllll?