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HomeMy WebLinkAbout10-51102088592 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE TI Identification No.: 41360 t??Ed:??u JOEL M. FLINK, ESQUIRE Identification No.: 41200 v P. 3 lS 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 r= t'I_. `? 484/351-0500 CHASE BANK USA, N.A. 200 White Clay Center Dr. Newark, DE 19711 Vs. RANDALL G EBERTS 1604 HOLTZ RD ENOLA PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : ?? 511 , a-"a EE3P'N` 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 Gs Aa.oo P Q A 71,y ert !611414 'ail lea X710 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 June 10, 2010 in the amount of $1,969.30. 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 7/26/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,969.30 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W ERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff " . 2088592 10247927 Chase Bankcard Services, Inc., a subsidiary of Chase Bank USA, N.A. RANDALL G EBERTS 5542850700694922 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 Ruben A Akmw 2285 2088592 10247927 Chase Bankcard Services, Inc., a subsidiary of Chase Bank USA, N.A. RANDALL G EBERTS 5542850700694922 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 $1,969.30 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $1,969.30 as of May 20, 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. AFFIANTL Sworn to and Subscribed to (or affirmed) before me this -1-k_ day of 2010 by ' Proved to me on the basil s is actory evidence to be the perso who app ed before me. Signature (Seal) P100.1 St .?' DORTHIA DEMBO = Notary Public, State of Texas ya p My Commission Expires %total t? NOV*Mber 13, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~~'titip o~ ~~tanbp~~r~~ ~ .~ .~ ~~ ~~~.~ sFi~E 4F `~E cNERi~~ -tj ,:: ~ ~ f ;~ ~ f ~ ~~~ 13 I°M ~ 09 _, ~;~ _. , ~~!°~. ~ E :,~ i I, Chase Bank USA, N.A. Case Number vs. Randall G. Eberts 2010-5110 SHERIFF'S RETURN OF SERVICE 08/10/2010 04:24 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2010 at 1624 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Randall G. Eberts, by making known unto Tim Eberts, Brother of defendant 8t 1604 Holtz Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing tc him personally the said true and correct copy of the same. SHERIFF COST: $41.50 August 11, 2010 ~~ RYAN BURGETT, DEPUTY SO ANSWERS, ~~ RON R ANDERSON, SHERIFF (cj CountySuite Sheriff. Teleosoft, Inc. )&6A06-13 AM 10' q8' IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND FOR CUMBERLAND COUNTY CHASE BANK USA, N.A. V, Case Number: 10-5110 CIVIL TERM RANDALL G. EBERTS ANSWER OF DEFENDANT Pro Se Defendant Randall G. Eberts, hereby enters his appearance and answers the Complaint of Chase Bank, USA, N.A.as follows: 1. The Defendant admits in part and denies in part the allegations of paragraph 1 of the Complaint. The Defendant admits to receiving and using Plaintiff's credit card. The Defendant has no recollection of receiving and having the opportunity to review and sign an Agreement to this account. Therefore the Defendant demands evidence of a signed Agreement and denies being bound by the terms of any particular document until Plaintiff produces said Agreement. 2. The Defendant admits in part and denies in part the allegations of paragraph 2 of the Complaint. The Defendant admits to receiving and using Plaintiffs credit card. The Defendant has no recollection of receiving and having the opportunity to review and sign an Agreement to this account. Therefore the Defendant demands evidence of a signed Agreement and denies being bound by the terms of any particular document until Plaintiff produces said Agreement. 3. The Defendant admits in part and denies in part the allegations of paragraph 3 of the Complaint. The Defendant admits to receiving and using Plaintiffs credit card. Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. 4. The Defendant denies the allegations of Paragraph 4 of the Complaint. Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. 5. The Defendant denies the allegations of Paragraph 5 of the Complaint. Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. 6. The Defendant denies the allegations of Paragraph 6 of the Complaint. Defendant disputes the balance due and demands verification of the debt and strict proof of the germs of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. WHEREFORE: The Defendant respectfully requests that Plaintiff's Complaint be dismissed and the relief requested in Plaintiff's Complaint denied. 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. Randall G. Eberts 1604 Holtz Rd. Enola, PA 17025 717-728-1714 Pro Se Defendant CERTIFICATE OF SERVICE The Defendant(s) HEREBY CERTIFY that on this 3 day of f??trh s" / 20,';a copy of the foregoing pleading was mailed, first-class, postage pre-paid to: Frederic I. Weinberg, Esq. Gordon & Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 Attorney for Plaintiff Randall G. Eberts Pro Se Defendant This document was prepared by or with the assistance of Jonathan K. Miller, Esq., an attorney licensed to practice law in the State of Maryland and Pennsylvania, PA Supreme Court Number, 50033 and employed by Persels & Associates, LLC/Persels & Associates, LLP [CA, MI]/Persels & Associates, PLLC [NC]; phone 800-498-6761. Persels & Associates, LLC, represents this client in out-of-court debt settlement negotiations, but no attorney from Persels & Associates, LLC will be entering an appearance in this action. Opposing counsel should send all communications related to this case directly to the Defendant, who is appearing pro se. David D. Buell Prothonotary Office of the Prothonotary Cum6er[and County, Pennsy[vania xirkS. Sofionage, !,SQ Solicitor /6- J //o 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 ® CarCis[e, PP 0 Phone 717 240-6195 0 rEar 717 240-6573