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HomeMy WebLinkAbout11-0585 H0103212 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire c o „n PA Identification No: 42951 •p? GOLDMAN & WARSHAW P.C. c- S. x? -o 312 W. Broad Street ?2rx .. r- ' v Quakertown, PA 18951 -4, 'A ©b 267-373-9730 0 So Counsel for Plaintiff =o = ? y.= N cao A CHASE BANK USA, N.A. COURT OF COMMON PLEAS 200 WHITE CLAY CENTER DR. CUMBERLAND COUNTY NEWARK, DE 19711 ?? ? ? 1 VI VS. DOCKET NO. ) ? GARY A SABEL 7 KUNTZ DR GARDNERS PA 17324-8955 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 la -60 4pg ;F&sh e [qt t&)'5 /2?-/i d ?- 3 q?3 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 GARY A SABEL 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 4559542200474987 in the amount of $16,472.39 including pre- charge off interest through October 30, 2009; as of October 20, 2010 there remains a balance due in the amount of $16,472.39. 7. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $16,472.39 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 March 3, 2009. WHEREFORE, plaintiff claims of the defendant the sum of $16,472.39 plus applicable court costs and interest. Goldman & Warshaw, P.C. BY: Barry A. Ro , Esquire Attorney fo 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 TX,db 94(V I, H0103212 VERIFICATION hereby state that I am the Asgswa 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 unsworn falsification to authorities. Title: . mitt it *Z Pmd& t By: Print ame: %XWMAEI- EXHIBIT "A" H0103212 CHASE BANK USA, N.A. 200 WHITE CLAY CENTER DR. NEWARK, DE 19711 GARY A SABEL 4559542200474987 AFFIDAVIT TM* 94* being duly sworn according to law, depose and say that: 1.1 am the AT/AVPNP /VP 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.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.After allowing for all offsets and credits, a balance as of August 26, 2010 remains on the subject account having account number ending in 4987 in the amount of $16,472.39 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 before me this 4 day n A onal tblic otary =*nw: w1 ? ?'?T, IW tlow" ? , N SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff uFILED-OFFICE Jody S Smith gt,,,?t' t m6?r?,rd CP THE PRQTHONOT;AP' Chief Deputy 2011 JAN 25 PM 12: 28 Richard W Stewart Solicitor CUMBERLAND COUNT"' PENNSYLVANIA Chase Bank USA, N.A. vs. Case Number Gary A. Sabel 2011-585 SHERIFF'S RETURN OF SERVICE 01/21/2011 04:00 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 21, 2011 at 1600 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gary A. Sabel, by making known unto himself personally, at 7 Kuntz Drive, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. S G HALL, DEPUTY SHERIFF COST: $37.90 January 24, 2011 SO ANSWERS, RONtrY_ R ANDERSON, SHERIFF ?C' GounlySulte Shenff_ i 3^,=oft Inr.. IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA r'"1 IN AND FOR CUMBERLAND COUNTY CHASE BANK USA, N.A. ZVO V. Case Number: :11-585 --t GARY A. SABEL ANSWER OF DEFENDANT Pro Se Defendant A. Sabel, hereby enters his ar Lca " Gary y appearance and answers the Complaint of Chase Bard( USA N.A. as follows: 1. The Defendant, after reasonable investigation, is without lmowiedge or information sufficient to form a belief as the trcith of the allegations of Paragraph 1 of the Complaint. Therefore he denies the allegations. Pa.R.C.P. No. 1029-A 2. The Defendant admits the allegations of paragraph 2 of the Complaint. 3. The Defendant admits in part and denies in part the allegations of paragraph 2 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. 4. The Defendant admits in part and denies in part the allegations of paragraph 4 of the Complaint. 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. 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 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 gaged before and after the account was charged off. 7. The Defendant denies the allegations of paragraph 7 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. 8. The Defendant denies the allegations of paragraph 8 of the Complaint. Defendant disputes the balance due and demands verification of the debt and strict proof of the tuns of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete teams 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 Plaintiffs Complaint denied. 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 unworn falsification to authorities. sa-1?c.e- Gay A. Sabel 7 Kuntz Dr. Gardners, PA 17324 717-486-3004 Pro Se Defendant CERTIFICATE OF SERVICE The Defendant(s) HEREBY CERTIFY that on this __? day of 20 // a copy of the foregoing pleading was mailed, first-class, postage pre-paid to: Goldman 8t Warshaw, P.C. Barry A. Rosen, Esq. 312 W. Broad St. Quakertown, PA 18951 Attorney for Plaintiff . 4,4.1 6.1-6ZJ>'-'C Gary A. Sabel Pro Se Defendant This document was prepared by, or with the assistance of Jonathan K Miller, Esq., an auomey 1,, s m to practlce law in the State of Maryland and Pennsylvania, Pa. Supreme Court number 50033, and employed by the law Office of Peask and Associates LLC and Consumer Low Associates, LL.C / Consumer Law Associates, LLP (CA, MI) / Consumer Law Associates, PLLC (NC), 972-239-4804. Perils dt Associates, LLC, reprosenb this cheat m out-of-court debt waldnent ne8oamoos, but no attmaey from Paseb do Associates, LLC, will be entering an appmence in this action. Opposing counad should send all communications mated to this case directly to the Defendant, who is appmmg pro se