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Home My WebLink About10-518620631 2 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. L?;J'; AOC? Ql?l ?'• l5 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. 200 White Clay Center Drive, Newark, DE 19711 Vs. LINDA M SABULSKI 5 HEMLOCK DR MECHANICSBURG PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 1O - 5(8(o 0'-wit-rem 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 4qA-00po A" al' la 877 P-,# av6ys3 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 10, 2010 in the amount of $4,914.95. 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 3/8/09. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,914.95 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. JOEL M. F? Attorney c N ERG, ESQUIRE SQUIRE aintiff P01A 2083112 10036473 Chase Bankcard Services, Inc., a subsidiary of Chase Bank USA, N.A. LINDA M SABULSKI 5260312200599606 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 0 ftkn A Afma 2285 2083112 10036473 Chase Bankcard Services, Inc., a subsidiary of Chase Bank USA, N.A. LINDA M SABULSKI 5260312200599606 AFFIDAVIT R 3L AL= I, to law, , being duly served sworn according depose and say that: 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 $4,914.95 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $4,914.95 as of May 13, 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 R, Sworn to and Subsc ed to (or firmed) before me this day of , 2010 'A 9 by ghlz- iza= Proved to me on the basis of satisfactory evidence to be the person (sA Tho apTarelAeforenme. \ AA Signature I`LI ZM Z i - ((Z,Y/? V VI/y, (Seal) P100.1 Vi W NTNIA ulmou Namy bllo, Stec of Texas My Qammla 11on Expires Nov#mt f 13, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY RonnyRAnderson =1~~.=t_ ..'. Sheriff - ,~4~~~~tp of ~lrtpb~~~~~ Jody S Smith Chief Deputy ~ ~~. ~ "~ ~ ~ ~U'~t ~ 3 ~'~ ~ ~ ~ ~~ ~~; ~,~' ~ , i. Richard W Stewart `~~ ~~- SOIICItOr t~FiuE ~ c -.~£ s4ERiFF r" it + . r, Chase Bank USA, N.A. Case Number vs. Linda M. Sabulski 2010-5186 SHERIFF'S RETURN OF SERVICE 08/10/2010 07:31 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to taw, states that on August 10, 2010 at 1931 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Linda M. Sabulski, by making known unto Charles Sabulski, Husband of defendant at 5 Hemlock Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the sa ~~ VALERIE WEARY, DEPUTY SHERIFF COST: $37.00 August 11, 2010 SO ANSWERS, ~ S~ ~"" RON R ANDERSON, SHERIFF (off CountySuile Shenft, Teleosoft, lac. w ' FILED-OFYIr-E IN THE COURT OF COMMON PLEAS OFD` ?.t ()TARY CUMBERLAND COUNTY, PENNSYLVANIA ; 4 CHASE BANK USA, N.A., Civil Division CUMDE.?,;_ COUNTY PENNSYLVANIA Plaintiff, No. 10-5186 vs. Code No. LINDA M. SABULSKI, PRAECIPE FOR APPEARANCE Defendant. PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Macey, Aleman, Hyslip & Seams, specifically Alla Gulchina, Esq., as counsel for Defendant, Linda Sabulski, in the above captioned case. Respectfully Submitted, Macey, Aleman, Hsylip & Searns Alla Gulchina, Esq. Counsel for Defendant 30 Park Road Tinton Falls, NJ 07724 877-553-3328 Date: Au ust 2010 A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE BANK USA, N.A., Civil Division Plaintiff No. 10-5186 vs. Code No. LINDA M. SABULSKI, PRAECIPE FOR APPEARANCE Defendant. CERTIFICATE OF SERVICE I, Alla Gulchina, Esquire, hereby certify that I served a true and correct copy of the Praecipe for Appearance, on this day of C2010, via regular United States Mail, upon Plaintiffs counsel: Frederic I. Weinberg, Esq. Gordon & Weinberg, PC 1001 E. Hector Street, Ste. 220 Conshohocken, PA 19428 Alla Gulchina, Esq. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE BANK USA, N.A., Civil Division Plaintiff, No. 10-5186 vs. LINDA SABULSKI, Defendant. Code No. TM n,-; FICE I ,TAPY hF }pL??SYLVANiA ANSWER AND NEW MATTER Filed on Behalf of Defendant: Linda Sabulski Counsel of Record for this Party: Macey, Aleman, Hyslip & Seams Alla Gulchina, Esq. Pa I.D. # 307014 Macey, Aleman, Hyslip & Seams 30 Park Road Tinton Falls, NJ 07724 Telephone No.: 877-553-3328 Fax No.: 866-757-7826 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE BANK USA N.A., Plaintiff, vs. LINDA M. SABULSKI Civil Division No. 10-5186 Code No. ANSWER AND NEW MATTER Defendant. AND NOW comes Defendant, Linda M. Sabulski, by and through his undersigned counsel, Macey, Aleman, Hyslip & Seams. and Alla Gulchina, Esq. specifically, and files the following Answer and New Matter, in support whereof, Defendant avers as follows: ANSWER TO COUNT I 1. The averments of Paragraph 1 are denied in their entirety. Any insinuation that the Defendant made a special instance and request to Plaintiff to be issued an account is denied. Strict proof to the contrary is demanded at time of trial. 2. The averments of Paragraph 2 are denied in their entirety. It is specifically denied that the Defendant received, accepted and used the account to his benefit. Strict proof to the contrary is demanded at time of trial. 3. The averments of Paragraph 3 are denied in their entirety. It is specifically denied that the Defendant received, accepted and used the account to his benefit. Strict proof to the contrary is demanded at time of trial. 4. The averments of Paragraph 4 are denied in their entirety. Strict proof to the contrary is demanded at time of trial. 5. The averments of Paragraph 5 are denied in their entirety. Strict proof to the contrary is demanded at time of trial. 6. The averments of Paragraph 6 are denied in their entirety. Strict proof to the contrary is demanded at time of trial. WHEREFORE, Defendant, Linda M. Sabulski, requests this Honorable Court to enter judgment in his favor and against Plaintiff, Chase Bank USA N.A., together with costs of defense. NEW MATTER 7. Defendant hereby incorporates all preceding paragraphs as referenced. 8. Relief is barred in whole or in part by the statute of limitations. 9. Relief is barred in whole or in part by accord and satisfaction. 10. Relief is barred in whole or in part by consent. 11. Relief is barred in whole or in part by discharge in bankruptcy. 12. Relief is barred in whole or in part by estoppels. 13. Relief is barred in whole or in part by failure of consideration. 14. Relief is barred in whole or in part by fraud. 15. Relief is barred in whole or in part by impossibility of performance. 16. Relief is barred in whole or in part by justification. 17. Relief is barred in whole or in part by illegality. 18. Relief is barred in whole or in part by laches. 19. Relief is barred in whole or in part by license. 20. Relief is barred in whole or in part by payment. 21. Relief is barred in whole or in part by release. 22. Relief is barred in whole or in part by statute of frauds. 23. Relief is barred in whole or in part by failure to mitigate damages. 24. Relief is barred in whole or in part by unclean hands. 25. Relief is barred in whole or in part by waiver. 26. Plaintiff has failed to state a claim upon which relief maybe granted. 27. Relief is barred because the terms of the putative contract are unconscionable or otherwise unenforceable. 28. Relief is barred because Plaintiff's Complaint is preempted by compulsory arbitration and Answering Defendant demands compliance with same. WHEREFORE, Defendant, Linda M. Sabulski, requests this Honorable Court to enter judgment in his favor and against Plaintiff, Chase Bank USA N.A., together with costs of defense. Date: Au ustt 2010 Respectfully Submitted, Macey, Aleman, Hyslip & Searns Alla Gulchina, Esq. Counsel for Defendant 30 Park Road Tinton Falls, NJ 07724 877-553-3328 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE BANK USA N.A., Plaintiff, vs. LINDA M. SABULSKI, Civil Division No. 10-5186 Code No. ANSWER AND NEW MATTER Defendant. VERIFICATION 1, Alla Gulchina, Esq. as counsel for Defendant, Linda M. Sabulski, verify that the facts set forth in this Defendant's Answer and New Matter are true and correct to the best of my knowledge, information, and belief. Due to time constraints, the verification signed by the Defendant will follow. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA C.S.A. § 4904) related to unsworn falsification to authorities. BY: Alla Gulchina, Esq. Attorney for Defendant DATE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE BANK USA N.A., Civil Division Plaintiff, No. 10-5186 vs. Code No. LINDA M. SABULSKI, ANSWER AND NEW MATTER Defendant. CERTIFICATE OF SERVICE I, Al la Gulchina, Esquire, hereby certify that I served a true and correct copy of the foregoing Answer and New Matter on this day of ". 2010 via United States Mail, postage prepaid, upon the following counsel of record: Frederic I. Weinberg, Esq. Gordon & Weinberg, PC 1001 E. Hector Street, Ste. 220 Conshohocken, PA 19428 BY: Alla Gulchina, Esq. Attorney for Defendant 2083112 The Law Offices of Frederic I Weinberg & Associates, 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 HE PROry �1(; zQ�� dh0 r�a f;' SEP 29 CUMBERLAND OUNtY PENNSYLVANIA CHASE BANK USA, N.A. VS. LINDA M SABULSKI COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-5186 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. The Law Offices of & Associates, P.C. BY: P003 Frederic I. Weinberg Frederic I - .•erg, Esquire Joel M. Fl,... , Esquire Attorney for Plaintiff