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HomeMy WebLinkAbout10-5111r _ TG ? ` ,,,, 2087721 THIS IS AN ARBITRATION MATTER. $ q?M ENT?f OF DAMAGES HEARING REQUIRED. (J GORDON & WEINBERG, P.C. Y 190l 3: I's- 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. 200 White Clay Center Dr. Newark, DE 19711 Vs. ERICA E WEARY 3 COTTAGE CT MECHANICSBURG PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10 - 511 0,,v',1Te-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 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 0 4gA.00 QQ A7f-/ 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 June 9, 2010 in the amount of $2,010.59. 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 7/27/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,010.59 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINB RG, SQUIRE JOEL M. FLINK, ESQ RE Attorney for Plaintiff 2087721 10204860 CHASE BANKCARD SERVICES, INC., A SUBSIDIARY OF CHASE BANK USA, N.A. ERICA E WEARY 4417121158151814 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 TU6MI A Atea m 2285 2087721 10204860 CHASE BANKCARD SERVICES, INC., A SUBSIDIARY OF CHASE BANK USA, N.A. ERICA E WEARY 4417121158151814 I, 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 $2,010.59 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $2,010.59 as of April 30, 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. AFFIANT ?t A. Sworn to and Subscribed to (or firmed) before me this J-4- day of fil/q?jZ , 2010 by 'Rubm 3L 3W.4= Proved to me on the basis of s isfactory evidence to be the person ( s appeared fore me. Signature ?.G (Seal) P100.1 CORTHIA DIMS Notary P0110, State of Texas ? My Commlesion Expires ;, off I Nowmbsr 13, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~Ltitt+• of ~'~t~nbrr/,~~~ crF~cE _ F ~~E s4~Rt~F -~s ~=~ Lt ~~,...:~_ ~- Jody S Smith Chief Deputy Richard W Stewart Solicitor ~Cl~~kU~ !3 i''M ~:~ ~& G V 1.~.,F i 1~. Chase Bank USA, N.A. vs. Case Number Erica E. Weary 2010-5111 SHERIFF'S RETURN OF SERVICE 08/10/2010 07:54 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2010 at 1954 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Erica E. Weary, by making known unto herself personally, at 3 Cottage Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. ~_~- RYAN BURGETT, DEPUTY SHERIFF COST: $37.00 August 11, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. ERICA E. WEARY 3 Cottage Court Mechanicsburg, PA 17050-3171 r4 (JT .FlL'? 11 t ire PP - (717) 766-8060 Defendant in Proper Person FF'-VNIA IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND FOR CUMBERLAND COUNTY CIVIL DIVISION CHASE BANK USA, N.A., Plaintiff. V. ERICA E. WEARY, Defendant, Docket Number: 10-51 11 ANSWER OF DEFENDANT Defendant ERICA E. WEARY answers the Complaint of CHASE BANK USA, N.A. as follows: The Defendant admits that she 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 I of the Complaint, and therefore denies said allegations. Further, the Defendant does not ever recall having been permitted to use Chase's "credit facilities." 2. The Defendant admits that she 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 she did in fact agree to said terms. 3. The Defendant admits that she 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. Plaintiff has 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 her 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. 8. The Plaintiff has an affirmative duty to prove that the Defendant agreed to the alleged terms and Page I 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. The answering Defendant alleges that the amount claimed by Plaintiff has been inflated to include improper over-limit charges, finance charges and late payment fees inappropriately charged by Plaintiff. Defendant submits that these charges are unconscionable and to allow Plaintiff to collect these amounts would be inequitable, and that the extra fees and costs applied by Plaintiff created an impossibility of performance. 10. Defendant denies that Plaintiff is entitled to collect these sums under any contract with Plaintiff. 11. Defendant contends that Plaintiff has charged excessive interest, late fees and penalties, and that there is no enforceable contract between the parties that would allow Plaintiff to recover the amounts already charged. 12. Due to the excessive amounts charged by Plaintiff, Defendant has not been able to reduce the debt, making performance of any obligation impossible, and Defendant contends that these fees should discharged in their entirety. Defendant denies Plaintiff is entitled to recover the interest that was rolled into the amount sought by Plaintiff, and demands an accounting of how it came to the amounts prayed for in the complaint. 13. Defendant desires to avoid bankruptcy and urgently wants to pay her debt. However, she needs additional time to do so. WHEREFORE, Defendant prays: 1. That Plaintiff take nothing by way of the complaint; 2. That Defendant(s) recover costs, and reasonable attorney fees, if incurred; 3. That Plaintiff be required to specifically prove all allegations in this action, including the existence of an enforceable contract containing the interest rate and fees applied to this account; 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; 6. That the Defendant be granted more time to pay any debt that she actually owes; 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 her 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. Ft!RICA E. VARY 0 3 Cottage Court Mechanicsburg, PA 17050-3171 (717) 766-8060 Defendant in Proper Person Page 2 of 3 CERTIFICATE OF SERVICE The Defendant(s) HEREBY CERTIFY that on this 2? day of AUa'j-5?_ 2010, a copy of the foregoing pleading was mailed, first-class, postage pre-paid to: Frederic I Weinberg, Esq. Joel M. Flink, Esq. GORDON & WEINBERG, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 Attorneys for Plaintiff RICA E. WE Y r This document was prepared by, or with, the assistance of an attorney licensed in PA and NV and employed by Persels & Associates, LLC / Persels & Associates, LLP (CA, MI) / Persels & Associates, PLLC (NC) - 800-498-6761. Page 3 of 3 2087721 GORDON & WEINBERG, P.C. rn BY: FREDERIC I . WEINBERG, ESQUIRE Identification No. : 41360d'�;> - JOEL M. FLINK, ESQUIRE Identification No. : 41200 =C:) C7 t...t.. - 1001 E. Hector Street, Ste 220 —C__ Conshohocken, PA 19428-d ' 484/351-0500 CHASE. BANK USA, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS . DOCKET NO. 10-5111 ERICA E WEARY ORDER TO SETTLE, DISCONTINUE AND END TO .THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended upon payment of your costs only. GORDON & WEINBERG, P.C. BY: _ FREDERIC INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P003