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Home My WebLink About11-0592t ' FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 20 PM 2: 43 CUMBEENRLAND COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. JUDY L FISHER Defendant 66 P ? r rv? ? ? del ? (?rff N??Iu-7-7 R/V 75 ?, g9y No. II- NV J* COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 08469140 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No JUDY L FISHER Defendant COMPLAINT AND NOTICE TO DEFEND 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 an 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 judgment 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 F COMPLAINT 1. Plaintiff, CHASE BANK USA, N.A. is a corporation with offices at 200 WHITE CLAY CENTER DR NEWARK , DE 19711 . 2. Defendant , is adult individual(s) residing at the address listed below: JUDY L FISHER 805 WELLINGTON DR CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 5122571009998388 . 4. Defendant made use of said credit card and has a current balance due of $2882.06 5. Defendant is in default by having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $300.00 . F 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, and accrued interest or any part thereof to Plaintiff. Wherefore, the Plaintiff prays for judgment against Defendant , JUDY L FISHER , individually , the amount of $2882.06 with continuing interest thereon at the statutory rate of 6.000% per annum from December 02, 2010 , plus attorneys fees of $300.00 and costs. James C armbrodt,42524 WELT MAN EINBERG & REIS CO., L.P.A. 436 Sev nt Avenue, Suite 1400 08469140 C A Pit KMJ Pittsb gh PA 15219 (412) 34- 955 FAX: 4 2- 8-7130 This law firm is a debt collector attemp ng to collect this debt for our client and any information obtained it be used for that purpose. Pir"ent Dun Deft Now Balsa Palm Des Amourht NlMmum Pat, ma 06rAno $2.002.06 sna.9o sllssao CHASE O Aobourd rmmllbar: 5122 5710 OM SM Elio ywrah«r awyeaftte: Q1w Cud marrimee. PMn wren snwLnt enrbee L New aer nor *4M? Print on Eera. 51225710099963860006550000286206000000000000009 OM76MZ1221oC JUDY L FISHER 805 WELLINGTON DR CARLISL PA 17013.3661 1...111-III..... JI. 11-1I.r1.611.....1111-111.1.1 .r.1.I.... I1.IJ...I1..1.1...11..11..1 CARDMEMSER SERVICE PO BOX 15163 WILMINGTON DE 10880.5153 VwAam t:50001160 28t: 2111136110099983B8311", -- free, aaem st W AM: AMye.W aWat Mdarmellen memam tmmLan sa9m$mmatt eonvsoisnfiyloome an revmee ae. ACCOUNT SUMMARY Account Nuatrbar: 5122 S7f 0 o9N 6M ProNous Solana $2,773.66 Fees Charged +$39.00 Interest Charged .$0.38 Now Salncce $2,002.06 OperanyCbrng Date 04003/10 - OW2110 Total Credit Line $2,600 Avalledle Cradh $0 Cash Atxsee Une $no AVSMM for Cash $0 PAYME INFORMATION Now Balance $2.682.05 Payment Des Drs 0627110 Ninimum Payrtlorn Duo $866.00 Leta PaV m t Wwnhv: It we do not receive your ntllantum pals 0 by the dab soled abaw, you may haw w pay up to a $30.00 kilo fee and yaw APRswll be WA40 to increase to a madmen Parre y APR of 29.98% Wnlmum Payvrm WIN Ong: t you maMa only tft ninkn rn flayrthsm SOON prlod, you tma pay more in imsrn and it will tales you longer to payoff your balance. For exampe: t you males no You will pay of the And you will and up addrional charges balrha Yawn on patting an estimated using flit artlland thisritsnwhtIn totaled... each 1110 ft you about.. Pey... Only the rnnimm payment 24 yew $9.703 n you would 11110 Womntion about credit counwling services, all 14166.797.2086. The outstanding balance an your credit card scaount is scheduled to be rMmn afi as a bad debt Yhorly. As a rmA yaw credit bureau wal be updmad with a nogane rating na could Isal for up to sawn yeem We can atl help but you need to al in now at 1-668.792.7547(afiect 1-302-5048200). Inpwtrli Manage: You Are Ovedinat Your ststanent balance saoseds your credit line. You should Matte a payment that indudea fie ovadmit amount to bring fire balance under your credit lane. ITOYS"WUS US REWARD Y Premous Points 90anoa 0 Walalh you mwrda vow Into $to Saanps Points Earrad a TOYBRUS and SASIESRUS 0 Rewrda Cerflafts. $10 BaMngs, Rewards Points Ea 0 on Ofiftr Puramw 0 Cer"cnea awed aulomaicaly sack tms you Points Adjusted on Other Purr haeao 0 spend n Mtle n $250 as ToyarR-Us or Current Porn Ta W 0 BMWFrUs with your and. Pants Erred Yew to Dam p Ern 1 point for every $1 an eligibe phrchm" everywhere MaYerCerd aredit nrda n amaplad, pus 4 pone for every $1 on eligible purdlaeeo at any Toys"WUa or Ssbiea'RRIe rani locator, a al www.Wlwum.com and wwwbatiaarus.com A Date Of Traneacton Mw dwt Name or Transaction 0maimplon $ Amount ................. ....... 39.00 ` TOTAL FEES FOR THIS PERIOD ... .. .:..... •.... ? ?????,??, ? , ? ? ..., $39 cab 05/02 PURCHASE INTEREST CHARGE 69.30 TOTAL INTEREST FOR THIS PERIOD $6936 Tolel fees charged in 2010 $117.00 Total nwrimt dh aln ed In 2010 $239.22 Yor4o-daft WWa OM al dlrpes mkus wy raunda 8469140 "lord a your account an or after January 31, 2010. This Statement Is a Fambmille - Not an on hul o000001 Fae881002 000 N 2 02 1000,02 r 8.142 aseo MW 6717 IMOMDMO flm701 Xaw EXHIBIT 2 of 5 Slatemers Dde: 0403!10 - 05!02/10 Amount Numbr: 6122 5710 0999 6350 Paoe 2 o12 IINTEREST CHARGES Your Annual Pereerita0s Rate (APR) is the ww" d i1MIM1 Ma an your account Amual Wanes Accrued Balanw ParosnMOS RaM (APR) Subject To IrtIN" 11 lowt Type 30 Drys In Cyde III" Rne Chorges Chrgw Purdtaew 29.90%M $2.01419 $6936 $0.00 Cash Advrtoas 29.09%(w) $0.00 $0.00 $0.00 (V) - vadade Row Pleaw an InbmrOan Ahern Your Aboxrn season br 61? Coculdbn of ftwoo "@a to Inlrast Res. Mma l Ra wd Noboo. Flow 10 Avoid hlerasl an Purdlwes. rtd ohr impOnenl inlommiork as appscable. A NEWS lia uw he Toys R Us A Babies R US aadt and lowrds qmh* n9 punilasea rW You9 wm pafla bwarda $to Rswrd CW115Mei 6 iahr eW Convenwitly stop on** at Toysnis.com and Babierus.com with 1M Toys R Us a Babies R Us WON and and cam poi im towards $10 RM CWMMIes. 8469140 This Stabmarn Is a Fwalmlls - Not w oltgkal X ommw AasMasca 1300 N z am loam PW2d2 OaMO MAIM var 122loo mawaim1e2 4of5 VERIFICATION The undersigned is an Officer of Chase Bankcard Services, Inc., which is a subsidiary and agent of the Plaintiff that maintains the records and services the credit card accounts owned by the Plaintiff. The undersigned is authorized to make this verification for and on behalf of the Plaintiff and is familiar with Plaintiffs account in this matter. Based upon my review of the Plaintiffs books and records of Defendant's account(s), I have personal knowledge of the facts set forth in the attached pleading. Records such as these are kept in the regular course of the Plaintiffs business and it is the regular course of Plaintiffs business to maintain these records, These records and the entries thereon are made at or near the occurrence in question by, or from information transmitted by, a person with knowledge of the account. This verification is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. (S' ature) 9udh COM* WWR# 08469140 C A Pit KMJ Client Account # 5122571009998388 Name JUDY L FISHER Judy L. Fisher 805 Wellington Dr. Carlisle, PA 17013 January 30, 2011 IN THE COURT OF COMMON PLEAS OF THE STATE OF PENNSYLVANIA IN AND FOR CUMBERLAND COUNTY CHASE BANK USA, N.A. Plaintiff, V. No. 11-592 _ m r? JUDY L. FISHER G -<> ! Defendant, ANSWER OF DEFENDANT ;r- Defendant JUDY L. FISHER answers the Complaint of CHASE BANK USA N.A. as follaw s):D 1. The Defendant is without sufficient information to admit or deny the allegations of this paragraph of the Complaint, and therefore denies said allegations. Further, this paragraph calls for a legal conclusion, to which no response is required. 2. The Defendant admits the allegations of the Complaint. 3. The Defendant is without sufficient information to admit or deny the allegations of this paragraph of the Complaint, and therefore denies said allegations. Further, this paragraph calls for a legal conclusion, to which no response is required. Defendant demands proof alleged application. 4. The Defendant is without sufficient information to admit or deny the allegations of this paragraph of the Complaint, and therefore denies said allegations. Further, this paragraph calls for a legal conclusion, to which no response is required. Defendant demands a complete accounting reflecting all charges and credits to the account. 5. The Defendant is without sufficient information to admit or deny the allegations of this paragraph of the Complaint, and therefore denies said allegations. Further, this paragraph calls for a legal conclusion, to which no response is required. Defendant demands a complete accounting reflecting all charges and credits to the account. Defendant demands proof of Defendant's agreement rendering balance immediately due. 6. Defendant denies that Defendant in default of the terms of the card agreement or has signed any agreement pursuant to which the entire balance is immediately due and payable. Pursuant to the principles of contract law, any ambiguity in a contract should be interpreted against the drafter of said contract. The Court should not hold the Defendant to having to pay the Plaintiff's legal fees, if such a clause even exists within the contract. Defendant demands proof that Defendant did agree to the provisions as alleged by the Plaintiff. Pagel of 3 This document was prepared by, or with, the assistance of an attorney licensed in PA and employed by Persels & Associates, LLC / Persels & Associates, LLP (CA, MI) / Persels & Associates, PLLC (NC) - 800-498-6761. r°rl _` -Za ? Trt r> 7. The Defendant is without sufficient information to admit or deny the allegations of this paragraph of the Complaint, and therefore denies said allegations. Further, this paragraph calls for a legal conclusion, to which no response is required. The Court should not hold the Defendant to having to pay the Plaintiff's legal fees. 8. Defendant denies the allegations. Defendant has never refused to pay on any part of his debt; further, the Defendant disputes the balance, accrued interest and the legal fees. Further answering: 9. The Plaintiff has an affirmative duty to prove that the Defendant knowingly agreed to the terms of the contract and the conditions that the Plaintiff is trying to enforce. Although the Plaintiff has attached a copy of a Cardholder Agreement to the Complaint, the Court should note that this Cardholder Agreement does not contain the Defendant's signature. If the Plaintiff cannot prove that the Defendant agreed to their terms., then this matter should be dismissed with prejudice. 10. 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. 11. The Defendant desires to avoid bankruptcy and urgently wants to pay his debt. However, Defendant needs additional time to do so. WHEREFORE the Defendant requests: 1. That the relief prayed by the Plaintiff be denied. 2. That the Plaintiff be required to provide proof that the Defendant knowingly and understandingly agreed to all conditions that the Plaintiff is trying to enforce. If the Plaintiff cannot prove such, then this case should be dismissed with prejudice. 3. That the Plaintiff be required to provide a complete accounting reflecting all charges and credits to the account. If the Plaintiff cannot provide such an accounting, then this case should be dismissed with prejudice; 4. That the Plaintiff be requested to work with Defendant and give additional time to pay the debt. 5. That the Plaintiff be awarded no attorney's fees or cost of suit; 6. That no derogatory information appear on the Defendant's credit record as a result of this law suit; and 7. That the Court award any further relief that may be required. Page 2 of 3 This document was prepared by, or with, the assistance of an attorney licensed in PA and employed by Persels & Associates, LLC / Persels & Associates, LLP (CA, MI) / Persels & Associates, PLLC (NC) - 800-498-6761. VERIFICATION 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. Ju y Fishe Defendant in Proper Person CERTIFICATE OF SERVICE The Defendant(s) HEREBY CERTIFY that on this ??"-day of 2011, a copy of the foregoing pleading was mailed, first-class, postage pre-paid to: James C. Warmbrodt, 42524 Weltman, Weinberg and Reis Co. 436 Seventh Ave., Suite 1400 Pittsburgh PA 15219 Attorney for Plaintiff Qa& 6Z '4_i J Fish 6r Page 3 of 3 This document was prepared by, or with, the assistance of an attorney licensed in PA and employed by Persels & Associates, LLC / Persels & Associates, LLP (CA, MI) / Persels & Associates, PLLC (NC) - 800-498-6761. rnco WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan I.D. No. 47437 436 Seventh Avenue 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File # 8469140 cn ?, Attorney for Plaintiff(s)?2c ?n G CHASE BANK USA, N.A. Cumberland County Court of Common Pleas vs. No.: 11-592 CIVIL JUDY L FISHER PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBERG & REIS CO., L.P.A. By ' William T. Molczan, Es ire Attorney for Plaintiff ?) t w o? 11111111101111111111111111 IN 1111111111111111111111111111111111111