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HomeMy WebLinkAbout10-2949 2075493 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON && WEINBERG, P.C. BY:fiF"REDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 n ° `; 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 s° [ T r -- r- m 484/351-0500 CHASE BANK USA, N.A. COURT OF COMMON PLEAS P.O. BOX 15298 CUMBERLAND COUNTY c WILMINGTON, DE 19850--529 VS. DOCKET NO. : 10 _ agg9 0'- vi l-.rk JOSEPH P FERRARI 710 VISTA DR CAMP HILL PA 17011-1640 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 3 40-DO J06 A-r N cy-v N 3 333 pt aqj 6(o 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 March 15, 2010 in the amount of $5,073.05. 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 4/14/09. WHEREFORE, plaintiff claims of the defendant(s) the sum of $5,073.05 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: 1 FREDERIC EINBERG, ESQUIRE JOEL M. LI^ ESQUIRE Attorney or Plaintiff P01A v 2075493 09551989 CHASE BANK USA, N.A. JOSEPH P FERRARI 4185860484145855 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 I??,_? EXHIBIT "A" - a . 2285 JOSEPH P FERRARI 4185860484145855 I Dorak M* 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 $5,073.05 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $5,073.05 as of February 3, 2010. 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 Sworn to and Subs 'bed to (or f i ed) ?ucJZ before me this day of 2010 by ' Proved to me on the basis of satisfactory evidence to be the person(s) why p" red before me. Signature P100.1 2075493 CHASE BANK USA, N.A. 09551989 AFFIDAVIT (Seal) Notary Public State of Texas My Commission Expires March 10, 2013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~~~ Sheriff ~~t~~tt~~ ~t 4rnut~r~~~~it1` ~ P'~?!~'1~'tt~~,t~}y Jody S Smith Chief Deputy ~r~ M~~ ~ ~ ah ®t Edward L Schorpp Solicitor ~F .,~ ,~ -.,~ .~,~1= ~ ~ ~1 t~,}(J~'~ Chase Bank USA, N.A. Case Number vs. 2010-2949 Joseph P. Ferrari SHERIFF'S RETURN OF SERVICE 05/10/2010 05:56 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 10, 2010 at 1753 hours, she served a true copy of the within Complaint and Notice, upon the within namec defendant, to wit: Joseph P. Ferrari, by making known unto himself personally, at 710 Vista Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. ~" `-~ ~ - MICHELLE GUTSHALL, DEPUTY SHERIFF COST: $41.50 May 11, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF !Ci CounfySuite ~herfl, Teie~s.^.`t, Inc. JOSEPH FERRARI 710 Vista Drive Camp Hill, PA 17011-1640 (717) 645-3337 Defendant in Pro r Person ~~LG1J~ ..r ~.sL 7~~~ ~~~ ~ $ ~+~~ ~ ~ ~ ~~! Pe i ~ -~; - r,~ , i CJ,~~~ - ~~~ !avv~~/ IN THE COMMON PLEAS COURT OF THE STATE'C?F'~' ~ , "VANIA 1N AND FOR CUMBERLAND COUNTY CIVIL DIVISION CHASE BANK USA, N.A., Plaintiff, v. Docket Number: 10-2949 JOSEPH FERRARI, Defendant, ANSWER OF DEFENDANT Defendant JOSEPH FERRARI answers the Complaint of CHASE BANK USA, N.A. as follows: The Defendant admits that he was the holder of a Chase credit card, but is without sufficient information, knowledge or legal knowledge to admit or deny the remaining allegations of paragraph 1 of the Complaint, and therefore denies said allegations. Further, the Defendant does not ever recall having been permitted to use Chase's "credit facilities." The Defendant admits that he used the credit card, but is without sufficient information or recollection to admit or deny the remaining allegations of paragraph 2 of the Complaint, and therefore denies. Further, the Defendant demands a copy of the purported agreement and proof that he did in fact agree to said terms. The Defendant admits that he accepted goods, merchandise and/or services through the use of the credit card, but is without sufficient information or recollection to admit or deny the remaining allegations of paragraph 3 of the Complaint and therefore denies said allegations. Further, the Defendant demands a complete accounting reflecting all charges and credits to the account. Plaintiff has failed to produce an accounting. 4. The Defendant is without sufficient information or recollection to admit or deny the allegations of Paragraph 4 of the Complaint and therefore denies said allegations. Further, Defendant demands a complete accounting reflecting all charges and credits to the account. Plaintiffhas failed to produce an accounting. 5. The Defendant denies the allegations of Paragraph 5 of the Complaint in that the Defendant has never refused to pay on any part of his debt. 6. The Defendant is without sufficient information or recollection as to the date of his last use of the credit card, and so without further proof of such he therefore denies the allegations of paragraph 6 of the Complaint. Further answering: 7. 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. The Plaintiff has an affnmative duty to prove that the Defendant agreed to the alleged terms and Page 1 of 3 conditions, and therefore should be required to provide proof that the Defendant intentionally and knowingly assented to the alleged terms and conditions. 9. As a result of the economy, the Defendant's business failed, which put him in a difficult fmancial situation. His income was reduced by approximately 95%. The situation aggravated when the creditors raised the interest rates, thereby raising the minimum payments. This has left 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: 1. That the relief prayed by the Plaintiff be denied; 2. 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; That the Plaintiff be required to provide proof that the Defendant intentionally and knowingly assented to the alleged terms and conditions. 4. That the Plaintiff be requested to work with Defendant and give him more time to pay the debt. 5. That the Plaintiff be awarded no attorney's fees or cost of suit; 6. That no derogatory information appear on the Defendant's credit record as a result of this law suit; and, 7. That the Court award 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. ~ EPH ERRARI to Drive Camp Hill, PA 17011-1640 (717) 645-3337 Defendant in Proper Person Page Z of 3 CERTIFICATE OF SERVICE The Defendant(s) HEREBY CERTIFY that on this f~ 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 Lautel, NJ 08054 Attorneys for Plaintiff J PH RRARI This document was prepared by, or with, the assistance of an attorney employed by Persels & Associates, LLC / Persels & Associates, LLP (CA, Mn, 800-498-6761. Page 3 of 3 2 0 7 5 4 9 ' ;?-TH0N0TAR 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. JOSEPH P FERRARI TO THE PROTHONOTARY: x! Jl 11"; -6 AM D 48 i,,UMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-2949 PRAECIPE TO WITHDRAW COMPLAINT Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: [ FREDERIC I. W IN RG, ESQUIRE JOEL M. FLINK SQUIRE 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 5 Iw FREDERIC I WE BERG, ESQUIRE