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Home My WebLink About10-6740SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~.°t't1t~ n{ ~ r inbr~f~~fD Jody S Smith r Chief Deputy ~~ ' ~' :r, Richard W Stewart Solicitor ~F~i~~ v~F.,.G,~4~R~F~ Chase Bank USA, N.A. Case Number vs. Margaret M. Kelly 2010-6740 SHERIFF'S RETURN OF SERVICE 10/26/2010 06:45 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 26, 2010 at 1845 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Margaret M. Kelly, by making known unto Eleanor Kelly, Mother of defendant at 918 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 October 27, 2010 AMANDA COBAUGH, DEP SO ANSWERS, ~~~~~ RON R ANDERSON, SHERIFF ••, °~~ ~: .u ;~. ~ `a L'~ :"~ ~" ~ ;-}ice , ~y r'" "'~ ~ ~,""" ..~ ~. w. ;,~ _" ~.. N tC7 -.pyz ~ ~..: , , ~ ' r f . - ~ ~ t~ ~ ~ «,..r-' (ci GountySuite Sherft. TeleasoR. Inc. IN THE COURT OF COMMON PLEAS OF FILED-OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY, PENNSYLVANIA 2010 NOV 15 PM 3: 54 CHASE BANK USA., N.A., Civil Division CUMBERLAND COUNTY Plaintiff, No. 10-6740 PENNSYLVANIA VS. Code No. MARGARET M. KELLY, PRAECIPE FOR APPEARANCE Defendant. Filed on Behalf of Defendant: Margaret M. Kelly Counsel of Record for this Party: Macey, Aleman, Hyslip & Seams Brian Andris, Esq., of counsel Pa I.D. # 93544 Macey, Aleman, H}slip & Seams 30 Park Road Tinton Falls, NJ 07724 Telephone No.: 877-553-3328 Fax No.: 866-757-7826 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHASE BANK USA, N.A. Civil Division Plaintiff, No. 10-6740 vs. Code No. MARGARET M. KELLY, PRAECIPE FOR APPEARANCE Defendant. PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Brian M. Andris, Esquire, of counsel to the law firm of Macey, Aleman, Hyslip & Seams, for Defendant, Margaret M. Kelly, in the above captioned case. Respectfully Submitted, Macey, Aleman, Hyslip & Searns Brian M. Andris, Esq., of'caunsel Counsel for Defendant 30 Park Road Tinton Falls, NJ 07724 877-553-3328 Date: November //, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE BANK USA, N.A., Civil Division Plaintiff, No. 10-6740 vs. Code No. MARGARET M. KELLY, PRAECIPE FOR APPEARANCE Defendant. CERTIFICATE OF SERVICE I, Brian M. Andris. Esquire, hereby certif}- that I served a true and correct copy of the Praecipe for Appearance, on this day of NO Vl wl'61 , 2010, via United States First Class Mail, upon Plaintiffs counsel: Frederic I. Weinberg, Esq. Gordon & Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, Pennsylvania 19428 Brian . At", Esq. IN THE COURT OF COMMON PLEAS OF OF THE?PROTHONOTARY CUMBERLAND COUNTY, PENNSYLVANIA 2010 m3y IS PM 3:54 CHASE BANK USA, N.A., Civil Division CUMBERLAND COUNTY Plaintiff, No. 10-6740 PENNSYLVANIA VS. MARGARET M. KELLY, Defendant. Code No. ANSWER AND NEW MATTER Filed on Behalf of Defendant: Margaret M. Kelly Counsel of Record for this Party: Macey, Aleman, Hyslip & Seams Brian M. Andris, Esq. Pa J.D. # 93544 Macey, Aleman, H}slip & 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., Civil Division Plaintiff, No. 10-6740 vs. Code No. MARGARET M. KELLY, ANSWER AND NEW MATTER Defendant. AND NOW comes Defendant, Margaret M. Kelly, by and through her undersigned counsel, Brian M. Andris, Esquire, of counsel to the law firm of Macey, Aleman, Hy'slip & Seam and files the following Answer and New Matter, in support whereof, Defendant avers as follows. ANSWER TO COUNT I 1. The allegations contained in this paragraph of Plaintiffs Complaint constitute conclusions of law to which no responsive pleading is required and are therefore denied. Strict proof to the contrary is demanded at the time of trial. 2. The allegations contained in this paragraph of Plaintiff s Complaint constitute conclusions of law to which no responsive pleading is required and are therefore denied. Strict proof to the contrary is demanded at the time of trial. 3. The allegations contained in this paragraph of Plaintiff s Complaint constitute conclusions of taw to which no responsive pleading is required and are therefore denied. Strict proof to the contrary is demanded at the time of trial. 4. The allegations contained in this paragraph of Plaintiff's Complaint constitute conclusions of law to which no responsive pleading is required and are therefore denied. Strict proof to the contrary is demanded at the time of trial. 5. The allegations contained in this paragraph of Plaintiff s Complaint constitute conclusions of law to which no responsive pleading is required and are therefore denied. Strict proof to the contrary is demanded at the time of trial. 6. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations contained in this paragraph of Plaintiffs Complaint and therefore said allegations are denied. Strict proof to the contrary is demanded at the time of trial. WHEREFORE, Defendant, Margaret M. Kelly, requests this Honorable Court to enter judgment in her favor and against Plaintiff, Chase Bank USA, N.A., together with costs of defense. NEW MATTER f 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 estoppel. 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, Margaret M. Kelly, requests this Honorable Court to enter judgment in her favor and against Plaintiff, Chase Bank USA, N.A.., together with costs of defense. Date: November /1. 2010 Respectfully Submitted, Macey, Aleman, Hyslip & Searns Brian . Andris, Esq., oj'counsel 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. MARGARET M. KELLY, Defendant. Civil Division No. 10-6740 Code No. ANSWER AND NEW MATTER VERIFICATION 1, Brian M. Andris, Esq., of'counsel to the law firm of Macey, Aleman Uyslip & Seams, as counsel for Defendant, Margaret M. Kelly, verif}- 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 unworn falsification to authorities. BY ,tom M Brian M. Andris, Esq. Attorney- for Defendant DATE: l t ?' d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE BANK USA, N.A., Plaintiff, vs. MARGARET M. KELLY, Defendant. CERTIFICATE OF SERVICE Civil Division No. 10-6740 Code No. ANSWER AND NEW MATTER I, Brian M. Andris, Esquire, hereby certifj- that I served a true and correct copy of the foregoing Answer and New Matter on this I14 day of plOV6w6G/ 2010 via United States First Class Mail, postage prepaid, upon the following counsel of record: Frederic I. Weinberg, Esq. Gordon & Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, Pennsylvania 19428 BY: ?1l! t Brian . Andes, Esq., of'coicnsel Macey, Aleman, H}slip & Searns Attomey for Defendant N If' 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 2090943 wr 7. HE PROTiqo?10TAF,,, 2010 DEC 17 PM 1: 33 CUMBERLAND COUNT`.' PENNSYLVANIA CHASE BANK USA, N.A. VS. MARGARET M KELLY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-6740 PLAINTIFF'S REPLY TO NEW MATTER 7. Plaintiff incorporates herein by reference all the allegations contained in its complaint as fully as though each were here set forth at length. 8-28. Denied. These averments are conclusions of law which require no response under the applicable Rules of Civil Procedure. However, these averments are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff demands damages against the defendant(s) as set forth in plaintiff's Complaint. GORDON & WEINBERG, P.C. BY: FREDERI I. EINBERG, ESQUIRE JOEL M. FLI K, ESQUIRE Attorne or Plaintiff P014 r FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action and verifies that the statements made in the foregoing pleadings are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. WEINBE QUIRE CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Reply to New Matter, via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I. WEI ESQUIRE Dated: j -2," 10 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2090943 CHASE BANK USA, N.A. VS. MARGARET M KELLY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-6740 c-j c rnM 2rn 2M cnr- -r x' r x co ao.. SUGGESTION OF BANKRUPTCY OF DEFENDANT > _ TO THE PROTHONOTARY: X --i ca AND NOW, this 05Aprll, it is suggested of record that rn C4 c+? x ? p c'j --? M Defendant, MARGARET M KELLY, filed a petition in bankruptcy under Chapter 07 of the Bankruptcy Code on or about March 31, 2011, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 11-02298. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY: FREDERIC I. EIN ERG, ESQUIRE JOEL M. FLI K, SQUIRE Attorney fo aintiff David -DD. Built Prothonotary Office of the Prothonotary Cum6ertanct County, Pennsylvania 7(jrkS. Sofionage, ESQ Solicitor 10- L 7/6 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 • Suite100 • Carlisle, TA • Phone 717 240-6195 0 Tax717 240-6573