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HomeMy WebLinkAbout10-37721, MATTER., ASSESSMENT OF THIS IS AN ARBITRATION MA DAMAGES FEARING 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. P.O. BOX 15298 WILMINGTON, DE 19850--529 Vs. DARWIN BROSIUS 1200 ROSSMOYNE MECHANICSBURG RD PA 17055-4841 COURT OF COMMON PLEAS CUMBERLAND COUNTY ]a - Xft -r-.. + DOCKET NO . : /Q - 3 7 ?? 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 2080763 C 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 April 2, 2010 in the amount of $9,081.02. 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 3/26/09. WHEREFORE, plaintiff claims of the defendant(s) the sum of $9,081.02 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I.BERG, ESQUIRE JOEL M. FLI , ESQUIRE Attorney for Plaintiff P01A ti 2080763 09548344 CHASE BANK USA, N.A. DARWIN BROSIUS 4266841176387197 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 Kam? w 2285 2080763 09548344 CHASE BANK USA, N.A. DARWIN BROSIUS 4266841176387197 I Debomh YOrks law, depose and say that: AFFIDAVIT , 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 $9,081.02 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $9,081.02 as of February 17, 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 t best of my knowledge, information and belief. AFFIANT gvfiorah ?{icks by Dedomh kfa Proved to me n the basis of satisfactory evidence to be the perso ( who a pe ed before me. Signature (Seal) P100.1 oa ?r rue? DORTHIA DEM80 ??. ='•°?'1Notary Public, State of Texas My Commission Expires November 13, 2011 Sworn to and Subs abed to (or affirmed) me this ? day of before 2010 CHASE BANK USA, N.A., COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY v• DOCKET NO. 10-3772 CIVIL TERM O DARWIN BROSIUS, ~ p Defendant . rn ` ~ ~~'' r N ANSWER TO COMPLAINT ~ ~ -c COMES NOW the above defendant by the undersigned counsel and answers the complaint in this matter as follows: 1. Admitted. 2. Admitted. 3. Denied. It is admitted that the defendant used the card, but in as much as no Exhibit A was attached to the complaint, defendant can neither admit nor deny the accuracy of Exhibit A. 4. Denied. Defendant has no information as the accuracy of the balance that plaintiff claims to be due and therefore denies the allegations of paragraph 4. 5. Admitted that defendant has failed or refused to pay the balance that plaintiff claims. Denied that defendant is refusing to pay any part of said balance. 6. Denied for lack of knowledge as t he the last payment was made. Res ect 1 , ON LLP J rry A. Phi e Supreme C o. 47624 227 North gh Street, P.O. Box 116 Duncannon, PA 17020 Dated: June 25, 2010 I verify that the statements made in the Answer to Complaint are true and correct to my best personal knowledge, understanding, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Darwin Brosius