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HomeMy WebLinkAbout11-0584 H0103206 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUI RED . Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire N CD PA Identification No: 42951 C ° ..? GOLDMAN & WARSHAW, P.C. =-n 312 W. Broad Street Z? -off Quakertown, PA 18951 267-373-9730 rx _? Counsel for Plaintiff ?Z' Z -V o? C2 CHASE BANK USA, N.A. COURT OF COMMON PLEAS 200 WHITE CLAY CENTER DR. CUMBERLAND COUNTY NEWARK, DE 19711 ?i VS. DOCKET NO. CHRISTINA R WINK 4075 CARLISLE RD GARDNERS PA 17324-9024 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. CUMMERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17013 717-249-3166 ?GI 9a- oU jVy F stn P& &%S63 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, CHASE BANK USA, N.A. , is a federally chartered bank with a business address as stated in the caption above. 2. Defendant CHRISTINA R WINK is an adult individual residing at the above captioned address. 3. 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. 4. 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. 5. The defendant (s) received and accepted goods and merchand- ise and/or accepted services and/or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of Plaintiff's Affidavit is attached hereto as Exhibit "A". 6. After allowing for all offsets and credits, a balance as of October 20, 2010 remains on the subject account having account number 4266902011263801 in the amount of $6,313.99 including pre- charge off interest through July 31, 2009; as of October 20, 2010 there remains a balance due in the amount of $6,313.99. 7. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $6,313.99 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 8. Defendant's last payment on account was made on December 1, 2008. WHEREFORE, plaintiff claims of the defendant the sum of $6,313.99 plus applicable court costs and interest. Goldman & Warshaw, P.C. BY: Barry A. R? /& " o , Esquire Attorney for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THIS COMMUNICATION IS FROM A DEBT COLLECTOR PACARD CHASE BANK USA, N.A. 200 WHITE CLAY CENTER DR. NEWARK, DE 19711 H0103206 VERIFICATION hereby state that I am the Ott Trw=w of Plaintiff herein; that I am authorized to make this verification on behalf of Plaintiff in the foregoing action; that I have personal knowledge of the statements made in the foregoing Complaint; and that the statements made in Plaintiffs Complaint are true and correct to the best of my knowledge, information and belief. I understand that the statements in this verification are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. By: Print Name: van r? Title: ?stant ' EXHIBIT "A" H0103206 CHASE BANK USA, N.A. 200 WHITE CLAY CENTER DR. NEWARK, DE 19711 CHRISTINA R WINK 4266902011263801 AFFIDAVIT 1, _ ZO& , being duly sworn according to law, depose and say that: 1.1 am the AT/AVPNP NP for Chase Bankcard Services, Inc. which is the subsidiary of the plaintiff, Chase Bank USA, N.A., that maintains the records for and services the credit card accounts owned by the plaintiff. I am familiar with the records of the account in this action and am authorized. to make this verification/ affidavit/ certification, etc. 2,1 have personal knowledge of the facts and circumstances in connection with this case; 3.Plaintiffs 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.After allowing for all offsets and credits, a balance as of August 31, 2010 remains on the subject account having account number ending in 3601 in the amount of $6,313.99 plus costs. 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. Sworn to and Subscribed Mviri9*tcfitl be re me this Y day 2010 ? µ, DE LA CRUZ Notary Public. State of 'Texas My Commission ExP Moich 29, 201__ 4 H0103206 s TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-584 PRAECIPE TO WITHDRAW COMPLAINT Kindly withdraw the above-captioned action, without prejudice. Goldman & Warshaw, P.C. BY: Barry A. R sen, ESQUIRE Attorney for Plaintiff 'Goldman & Warshaw, P.C. Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff :31-OiiCt V ??? ? FEB 14 P? 3:59 tsi.lMB ?tLSYL AM1ATY PECHASE BANK USA, N.A. VS. CHRISTINA R WINK P006 CERTIFICATION OF SERVICE I, Barry A. Rosen, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Praecipe to Withdraw Complaint Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre- paid, to all other parties or their counsel of record. 'f Barry Rosen, ESQUIRE Dated: '3- // ///