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Home My WebLink About10-4789SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~~tr of ~urq~bry~h~ ~ -~ ~. Q~flCE ~ ~ "'+E SxERIt£F .c ~-~ , ' ., ( ,! ~~ ~~~((f f" °~-'~ '~ F,"~ ~ t~, .:,. '~$ ~• ,i. ' Chase Bank USA, N.A. vs. Sharon Williams Case Number 2010-4789 SHERIFF'S RETURN OF SERVICE 07/27/2010 08:49 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 27, 2010 at 2049 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sharon Williams, by making known unto herself personally, at 4302 Park Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. A DA COBAUGH, DEPUTY SHERIFF COST: $41.50 July 28, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoff. Inc. The Law Offices of Pratz & Wallace By: Jeffrey Robert Pratz, Esq. Supreme Court I.D. No. 208934 24 North 32nd Street Camp Hill, Pennsylvania 17011- 2900 Phone: (717) 761-2312 Fax: (717) 761-2313 Email: Jeffrey@pratzwallace.com ORIGINAL Chase Bank USA, N.A., Plaintiff V. Sharon Williams Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4789 CIVIL ACTION - LAW NOTICE TO PLEAD To: GORDON & WEINBERG, P.C JOEL M. FLINK, ESQ. 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 .? (484) 351-0500 Attorney for Plaintiff You are hereby notified to file a written response to the enclosed pleading within twenty (20) days from service hereof or a judgment may be entered against you. A/4 "?k-K Jeffrey R.. Pratz 24 North 32nd Street Camp Hill, PA 17011 (717) 761-2312 Attorney for Defendant Supreme Court ID No. 208934 -rt Flip i The Law Offices of Pratz & Wallace By: Jeffrey Robert Pratz, Esq. Supreme Court I.D. No. 208934 24 North 32nd Street Camp Hill, Pennsylvania 17011- 2900 Phone: (717) 761-2312 Fax: (717) 761-2313 Email: Jeffrey@pratzwallace.com Chase Bank USA, N.A., Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4789 Sharon Williams Defendant CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT NOW COMES Defendant, Sharon Williams, by her undersigned attorneys, Jeffrey R. Pratz, Esquire and The Law Offices of Pratz & Wallace, and files the following Preliminary Objections to Plaintiffs Complaint. FIRST PRELIMINARY OBJECTION Pa.R.C.P.1028(a)(2) Failure to Conform to Law or Rule of Court 1. Plaintiffs Complaint fails to state whether or not it is within the limits for Compulsory Arbitration in Cumberland County as required by Pa.R.C.P. 1021(c). 2. Plaintiffs Complaint fails to attach a copy of the agreement which is the basis of this Complaint as required by Pa.R.C.P. 1019(i). 3. Plaintiffs Complaint fails to state whether the agreement which is the basis of this Complaint is oral or written as required by Pa.R.C.P. 1019(h). 4. Rule 1024(a) of the Pennsylvania Rules of Civil Procedure requires that "[e]very pleading containing an averment of fact not appearing of record in the action or containing a denial of fact shall state that the averment or denial is true upon the signer's personal knowledge or information and belief and shall be verified." 5. This verification states that "[t]he 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." See 2nd and 3`d Sentence of Plaintiffs Verification. 6. The only information that is true upon the signer's personal knowledge or information and belief is "the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action." See ISt Sentence of Plaintiff's 17ari lnati?" 7. The signer of the verification has not verified that the averments in the Complaint are true upon his personal knowledge or information and belief. 8. Because the signer has not verified the complete contents of the Complaint, the verification is improper and must be stricken. 9. If the verification is stricken, Plaintiff must either provide either substitute a verification or withdraw their complaint for failure to attach a proper verification. WHEREFORE, Defendant, Sharon Williams, respectfully request that this Honorable Court dismiss Plaintiff's Complaint with prejudice. SECOND PRELIMINARY OBJECTION Pa.R.C.P. 1028(a)(3)-(4) Insufficient Specificity in a Pleading 10. All the allegations of Paragraphs 1-3 above are incorporated herein by reference. 11. Plaintiffs Complaint is insufficiently specific, in that it alleges a default of the terms of the Cardholder Agreement, but fails to set forth the specific transactions on the account alleged to have been made by Defendant. 12. Plaintiff's Complaint is insufficiently specific, in that it alleges a default of the terms of the Cardholder Agreement, but fails to set forth the date on which the default allegedly occurred. 13. Plaintiffs Complaint is insufficiently specific, in that it alleges a default of the terms of the Cardholder Agreement, but fails to set forth the date on which the account was opened. 14. Plaintiff's Complaint is insufficiently specific, in that it alleges a default of the terms of the Cardholder Agreement, but fails to set forth the last date of activity on the account. 15. Plaintiff's Complaint is insufficiently specific, in that it alleges a default of the terms of the Cardholder Agreement, but fails to set forth the terms of the Cardholder Agreement. 16. Plaintiff's Complaint is insufficiently specific, in that it alleges that the Cardholder Agreement between the parties provides that Defendant will pay Plaintiffs attorney's fees, but fails to provide a copy of the Cardholder Agreement. WHEREFORE, Defendant, Sharon Williams, respectfully request that this Honorable Court dismiss Plaintiff's Complaint with prejudice. THIRD PRELIMINARY OBJECTION Pa.R.C.P. 1028(a)(4) Legal Insufficiency of a Pleading 17. All the allegations of Paragraphs 1-10 above are incorporated herein by reference. 18. Plaintiff has attempted in its Complaint to plead a claim or cause of action in breach of contract against Defendant. 19. Plaintiff has not included with its Complaint a copy or a summary of the material part of the, alleged Contract, i. e., the writing upon which its claims are based, as required by Pa.R.C.P. 1019(i). 20. The exhibit attached to Plaintiffs Complaint is not a copy of the alleged Contract, rather it is an Affidavit by "Ruben A. Alcarez" whose position with Plaintiff is never defined other than by "agent". 21. Without a copy of the alleged contract or a summary of the material part thereof, the Court is unable to ascertain who the correct parties are to the action. 22. Without a copy of the alleged contract or a summary of the material part thereof, the Court is unable to ascertain whether there has been a default. 23. Without a copy of the alleged contract or a summary of the material part thereof, the Court is unable to ascertain whether it has jurisdiction over the subject matter of the claim or person of the Defendant. 24. Without a copy of the alleged contract or a summary of the material part thereof, the Court is unable to ascertain whether the statute of limitations has run or been tolled. 25. Without a copy of the alleged contract or a summary of the material part thereof, the Court is unable to ascertain whether Plaintiff is entitled to attorney's fees. 26. Plaintiffs Complaint wrongfully requests attorney's fees from Defendant. 27. Plaintiffs Complaint fails to set forth any statute, rule of law or contract which entitles Plaintiffs to recovery of attorney's fees from Defendant. WHEREFORE, Defendant, Sharon Williams, respectfully request that this Honorable Court dismiss Plaintiff s Complaint with prejudice. Respectfully submitted, LAW OFFICES OF PRATZ & WALLACE Date: August 27, 2010 By: Jeffrey r t 24 North 32nd Street Camp Hill, PA 17011 (717) 761-2312 Attorney for Defendant Supreme Court ID No. 208934 The Law Offices of Pratz & Wallace By: Jeffrey Robert Pratz, Esq. Supreme Court I.D. No. 208934 24 North 32°d Street Camp Hill, Pennsylvania 17011- 2900 Phone: (717) 761-2312 Fax: (717) 761-2313 Email: Jeffrey@pratzwallace.com Chase Bank USA, N.A., I IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Sharon Williams V. NO. 10-4789 CIVIL ACTION - LAW ORDER AND NOW this day of , 2010, upon consideration of the Defendant's Preliminary Objections, it is hereby ordered that Defendant's Preliminary Objections are SUSTAINED and Plaintiff s Complaint is DISMISSED. BY THE COURT , J. Distribution: The Honorable Court, 1 Courthouse Square, Carlisle, PA 17013 Jeffrey R. Pratz, Esquire, 24 N. 32nd Street, Camp Hill, PA 17011; Telephone: (717) 761-2312; Fax: (717) 761-2313; Email: Jet_tl-evrupratr\vaiiacc_co:-i'I Joel M. Flink, Esquire, 1001 E. Hector Street, Ste 220, Conshohocken, PA 19428; Telephone: (484) 351-0500 Defendant The Law Offices of Pratz & Wallace By: Jeffrey Robert Pratz, Esq. Supreme Court I.D. No. 208934 24 North 32nd Street Camp Hill, Pennsylvania 17011- 2900 Phone: (717) 761-2312 Fax: (717) 761-2313 Email: Jeffrey@pratzwallace.com Chase Bank USA, N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Sharon Williams Defendant NO. 10-4789 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jeffrey Robert Pratz, Esq., hereby certify that a true copy of the Defendant's Preliminary Objections to Plaintiffs Complaint was served on this 27th day of August, 2010, upon the below referenced individual(s) by sending the same via first class mail, postage prepaid, addressed as follows: GORDON & WEINBERG, P.C JOEL M. FLINK, ESQ. 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 (484) 351-0500 Attorney for Plaintiff Dated: August 27, 2010 Respectfully Submitted, The Law Offices of Pratz & Wallace Jeffrey ratz, E ire Attorney I.D. # 208934 24 North 32"d Street Camp Hill, PA 17011 (717) 761-2312 10 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) -------------------------------------------------------------------------------- - -------- -- --------------- CAPTION OF CASE (entire caption must be stated in full) C::? Chase Bank USA, N.A. ?. vs. A ? r _ M Sharon Williams _. ' a' CD 10-4789 No. rm -? N ?M 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer w complaint, etc.): Defendants Preliminary Objections to Plaintiffs Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Joel M. Flink, Esquire (Name and Address) 1001 E. Hector Street, Ste. 220, Conshohocken, PA 19428 (b) for defendants: Jeffrey Robert Pratz, Esquire (Name and Address) 24 North 32nd Street, Camp Hill, PA 17011 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 15, 2010 Date: September 20, 2010 Print your name Plaintiff Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. Jeffrey Robert Pratz, Esquire The Law Offices of Pratz & Wallace By: Jeffrey Robert Pratz, Esq. Supreme Court I.D. No. 208934 24 North 32°d Street Camp Hill, Pennsylvania 17011- 2900 Phone: (717) 761-2312 Fax: (717) 761-2313 Email: Jeffrey@pratzwallace.com FILED-OFFICE OF THE PROTHONOTARY 2010 DEC -2 PM 4: 10 CUMBERLAND COUNITY PENNSYLVANIA ORIGINAL Chase Bank USA, N.A Plaintiff v. Sharon Williams IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4789 CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned verifies that on the 2nd day of December 2010, he did serve upon Gordon & Weinberg, P.C., Attn: Joel M. Flink, Attorney for the Plaintiff in the above-captioned action, a true and correct copy of the Brief in Support of Defendant's Preliminary Objections to Plaintiff's Complaint, by forwarding same to him at 1001 E. Hector Street, Ste 220, Conshohocken, PA 19428, Regular First Class Mail. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ) x A 4 " Defendant 13-9- Jede?Wbert Pratz, Esquire Supreme Court I.D. No. 208934 24 North 32nd Street Camp Hill, Pennsylvania 17011- 2900 (717) 761-2312 BRENNAN & ASSOCIATES, P.C. By: Jeffrey Pratz, Esquire PA Supreme Court I.D. No. 208934 400 Washington Street Suite 802 Reading PA 19601 (610) 37 -0101 /fax (610) 372-4477 e-mail: rmratz.esquire(a,brennananc Attorneys for Defendant Sharon Williams w iates.net s> ?' C CHASEI BANK USA, N.A. Plaintiff v. SHARON WILLIAMS Defendant IN THE COURT OF COMMON PIS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-4789 ENTRY / WITHDRAWAL OF APPEARANCE TO TH? PROTHONOTARY: 'lease enter my appearance on behalf of Defendant Sharon Williams in this matter. BRENNAN & ASSOCIATES, P.C. By: J F Y R. PRATZ, ESQUIRE PA Supreme Court I.D. No. 208934 400 Washington Street Suite 802 Reading, PA 19601 T: 610-372-0101 F: 610-372-4477 Attorney for the defendant Sharon Williams ,Please withdraw my appearance on behalf of Defendant Sharon Williams in this matter. BY: /(f 16- JEFFkEYV. PRATZ, ESQUIRE PA Supreme Court I.D. No. 208934 The Law Offices of Pratz & Wallace 24 N. 32°d Street Camp Hill, PA 17011 T: 717-761-2312 F: 717-761-2313 E-mail: Jeffrey @pratzwallace.com ?z C a 1F BRENNiAN & ASSOCIATES, P.C. By: Jeffrey Pratz, Esquire PA Supreme Court I.D. No. 208934 400 Washington Street Suite 80 Reading PA 19601 (610) 3 -0101 /fax (610) 372-4477 e-mail: roratz.esquire(a),,brennanandassociates.net Attorneys for Defendant Sharon Williams CHASE BANK USA, N.A. Plaintiff V. SHARON WILLIAMS Defendant : IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-4789 CERTIFICATION OF SERVICE Jeffrey R. Pratz, Esquire, hereby certify that a true and correct copy of the Entry of Appearance of Jeffrey R. Pratz, Brennan and Associates, P.C. and Withdrawal of Appearance of Jeffrey. Pratz, the Law Offices of Pratz & Wallace, was served upon all counsel and/or unrepre?ented party by regular, first class mail, postage pre-paid on January 21, 2011. BRENNAN AND ASSOCIATES, P.C. By: 0)".1 JEF R.. PRATZ, SQUIRE PA Supreme Court I.D. No. 208934 400 Washington Street Suite 802 Reading, PA 19601 T: 610-372-0101 F: 610-372-4477 Attorney for the defendant Sharon Williams CHASE BANK U.S.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2 VS CIVIL ACTION - LAW .--M =t . 10-4789 CIVIL E? NO mar= SHARON WILLIAMS, . ' ° -- Defendant IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS =` ?= ° -: =a Y x BEFORE HESS, P.J. AND MASLAND, J. ORDER AND NOW, this day of February, 2011, following argument thereon, each preliminary objection of the defendant is SUSTAINED. We agree with the defendant that the defects in the initial pleading are so substantial that an amendment is not likely to cure them. Moreover, no response to the preliminary objections has been filed nor did the plaintiff brief or argue its position. Accordingly, the plaintiff's complaint is DISMISSED. BY THE COURT, Joel M. Flink, Esquire For the Plaintiff Jeffrey Robert Pratz, Esquire Kevin Hess, P. J. a?ln? al j5/?( COP For the Defendant AKd :rlm David -D. Buell Prothonotary Office of the (Prothonotary Cum6er[and County, Qennsylvania xirkS. Sofionage, FSQ Solicitor Io - '7 ! eQ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 e CartuCe, TA 0 (Phone 717 240-6195 0 Eac 717 240-6573