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Home My WebLink About11-1038FILED-OFFICE r OF THE PROTHONOTARY 2011 JAN 31 AM 11: 53 ?'! MBERLAND COUNTY FENNSYL VANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. p Plaintiff No: VS. COMPLAINT IN CIVIL ACTION PAUL R FARNWALT Defendant 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 08548371 C A Pit KMJ a 1Z?? ?`??13( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No PAUL R FARNWALT 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 1. Plaintiff, CHASE BANK USA, N.A. is a corporation with offices at 200 WHITE CLAY CENTER DR, NEWARK, DE 19711. 2. Defendant is an adult individual(s) residing at the address listed below: PAUL R FARNWALT 211 BAILEY ST NEW CUMBERLAND, PA 17070 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4185865094433237. 4. Defendant made use of said credit card and has currently a balance due of $6483.33. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 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. 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, Plaintiff prays for judgment against Defendant, PAUL R FARNWALT individually, in the amount of $6483.33 with continuing interest thereon at the statutory rate of 6% per annum from November 26, 2010, plus attorneys' fees of $300.00 and costs. WELTMAN, WEINBERG & REIS, CO., L.P.A. 436 Sevent Pittsburg (412) 434 Fax (412) WWR#:8548 THIS IS AN ATTEMPT TO COLLECT A D SHALL BE USED FOR THAT PURPOSE. brodt, 42524 venue, Suite 1400 A 15219 5 -7130 AND ANY INFORMATION OBTAINED Payment Due Dale Now Balance Past Due Amount MlNmum Pay m 07114/10 $6,483.33 $1,101.00 $1,27600 Axaarl etatnlar: 411 8/60 Y419 9237 ,r, M.r yerr d.a Psysmate: YW: Char Cold 4 ' Plaarwrb anourm enebaad. Now addrom a okra? "w back. 41858650944332370012760000648333000000000000005 4ZWV ZIMOD Irk.IIIIIS.6.1.1..I..1IMIIIISO. II.hlMN.J.1...11..11..1 PAUL R FARNWALT JR NEW CUMBERLAND PA 17070.1114 CARDME 8ER SERVICE PO Box 15.153 WILMINGTON DE 18685.5153 6..111-116..L..IIL.. r..a...11 ...a.i.rl...a...IIOIIJ 1:50001,602811 01685091.4332379s' CHASE O Mans. y.. .snow. on aa: AeaaYed CoftatlenrrtaWn oanvemently located on rwmw fide ACCOUNT SUMMARY Accotan ?Naabr: 4186 8$60!443 3231 Previous Balance $6,373.14 Fees Charged +$39.00 Interest Charged +$71.19 New Balance $6,483.33 Operirg0osing Dar 06118/10.06/17110 Total Credit Line $8,500 Available Credit $15 Cash Aeoaw Line $1.300 Available to Cash $o PAYMENT INFORMATION Nor Balance $8,483.33 Payment Due Date 07114110 Minirnurn Psyrnent Due $1,276.00 Late Peyrnent Warming: It we do not receive your ttirwrum p8yrttard by the der listed sI you may have to pay up to a $36.00 lac be and your APRs will be subject to increase 10 a msoimurn Parneltyr APR of 29.99% Mlnlratnn PaynSet WrnMO: It you rrtalle only the mmimaan pop 0 each porod. you Srll pay more in Interest and it w8/ take you Iongr to pay on your zance. For am. If you would like imomretion about credit counseling services, coil 1.666.797.2685. It you malls no You will pay o6 the lad you Still and up additional charges balance shown on paying an sonated using this cant and this at*Wram In total 01_. richlnond you about... Pay... Only the mtrhirraan 31 years $17,918 Psynwn $219 3 years $7,691 (SsMngs.$10,027) The outstanding beianos on your credit card account is scheduled 10 be written o6 as s bee dad shortly. As a result, your credit bureau will be updated with a negative rating than could nut to up to swan years. We can rill help, but you need to cell us now at 1.850-792.7547 (collect 1-302.594.8200). ACCOUNT ACTFWY Date of Transaction Msrchem Name or Tranacnicn Description $ Amount ,.,, ?? n,?>v ,av?R?,??1????lRll;w;\?:,.:o.Q...?+:\4io.,. ?,tkt?? 9.00 06114 <.,•a .,1+:, LA LATE TE FEE 3 39,99 06/14 TOTAL FEES FOR THIS PERIOD $39.00 k \? N\?i:.i,:.+,•, 4 v,v 'iv,';•-,+,.ti, \ ',{,?K c ?z':?t 47?Yt az \ \: v,:t \::.?v.;:::.vv'v'.4\.\ ::dH?. A v,\ 4 :??:'?::???.?`,'`,•'?????,`?t?."X23"ti?a?a';??.?:;:\??RV?F4i?'??''•;iY•::u.?c:i,::'<+:?<•:Y:$?? 08/17 PURCFV?9E INTEREST CFg1ROE 3.23 06/17 PROMOTION INTEREST CHARGE 18.94 06/17 PURCHASE INTEREST CHARGE 49.02 TOTAL INTEREST FOR THIS PERIOD $71.19 I Total taw changed in 2010 7:031,13:020 Total inls ec arged in 2070 Year-to-data totals rallect all charges minus any refunds applied 10 your ao=ryt on or alter January 31, 2010. INTEREST CHARGES Your Annual Percentage Rate (APR) is the annual tntareal rale on your account. Annual Balance ACerYeA Balance poem qa Rsr (APR) Subject To Inlreal Inner Type 31 Days In Cycle Interest Ran Charges Charges Purchases 14.24%M $6,053.80 $48.02 $0.00 8548371 Purch as 20.99%(v) $126.83 $3.23 $000 Cash Advances 18.24%(v) $000 $0.00 $0.00 This Statement Is a Facsimile - Not an original 0000001 F633MDIO 000 N 2 17 10Aar17 No.l d2 OWN MAMA 42367 t wocomoooosawi1 R INatl.10 2of5 Stetemern Dale: OWSMO - 06/17110 Account Number: 4156 5660 9443 3237 Pape 2 012 (INTEREST CHARGES (CONTINUED) 1 Your Annual Prange Raft (APplatheamual lmereal rata on Your account. Annual Balance Accrued Balance Percwft" Rafe (APR) 8ublestTo InMaet Irtftreet Type 31 Days In Cycle Inner" Raft Chrgw Charges Cash Advancw 29.99%(v) Woo $0.00 $0.00 Promotion 9.99% $2,231.54 $19.94 $0.00 (v) - Vafade Rate wear sw hformation About Your Account section for IM Calculation of Balance SAW to Interval Rate, Annual Renewal Notice, How to Avoid Interest on P rdlatift and other important information, as appic". 8548371 This Statement Is a Fwslmlle - Not an original z oocoml Psause010 ow N z 17 10,011i7 Pope2d2 OSle MAW A2707 teatoomoooou*5702 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 Plaintiff's account in this matter. Based upon my review of the Plaintiff's 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 Plaintiff's 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. IYL -\-?17 (Signature) KeVhnOddw WWR48548371 Client Account #4185865094433237 Name PAUL R FARNWALT SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson `°-(I W Sheriff . Jody S Smith Chief Deputy AM o: rzp Richard W Stewart Solicitor t'r_1 Chase Bank USA, N.A. Case Number vs. Paul R. Farnwalt 2011-1038 SHERIFF'S RETURN OF SERVICE 02102(2011 12:00 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2011 at 1200 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Paul R. Farnwalt, by making known unto Kendra Farnwalt, Wife of defendant at 211 Bailey Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. 5??';e4z TEPHEN BENDER, DEPUTY SHERIFF COST: $43.30 February 03, 2011 SO ANSWERS, RONNV R ANDERSON, SHERIFF I COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., Plaintiff, V. PAUL R. FARNWALT, Defendant. No. 11-1038 YD e 1r 12 . , am DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES Pro Se Defendant, PAUL R. FARNWALT (hereinafter "Defendant"), hereby files this Answer and Affirmative Defenses to Plaintiff's Complaint and states as follows: ANSWER 1. Without knowledge, therefore denied. 2. Admit. 3. Admit. 4. Defendant admits only that he used a Chase credit card, but denies each and every remaining allegation set forth in Paragraph Four (4) of Plaintiff's Complaint and demands strict proof thereof. 5. Denied. 6. Denied. 7. Without knowledge, therefore denied. Ii, 8. Defendant admits only that a demand for payment has been made, but denies owing the balance claimed by Plaintiff and demands strict proof thereof. AFFIRMATIVE DEFENSES Any allegation not expressly admitted above is hereby denied. Additionally, without admitting any of the allegations set forth in Plaintiff's Complaint, Defendant raises the following Affirmative Defenses: 9. Failure To Mitizate Damazes -Plaintiffs Complaint must fail due to its failure to mitigate damages in that Plaintiff never genuinely availed itself of the opportunity to resolve this matter for a reasonable sum prior to the institution of litigation and as a result, its demand is artificially inflated by unnecessary interest, penalties, and attorney's fees. By way of example only, Defendant was willing to negotiate a reasonable settlement with Plaintiff at the outset of his financial problems. Plaintiff, however, in spite of the affirmative duty to mitigate any perceived damages, elected to adhere to its long standing policy of refusing to negotiate unless Defendant's account was in a "default" status, meaning that Defendant was behind in payments. Upon the account becoming delinquent, rather than negotiating a reasonable settlement with Defendant, Plaintiff employed counsel to file suit as a result of the default which Defendant was told was a pre-requisite to settlement dialogue. Upon information and belief, Plaintiff is now unnecessarily obligated to pay its counsel a contingency fee, on top of the unnecessary court costs, all of which could have been avoided if Plaintiff had negotiated with Defendant in good faith at the outset. 10. Statute Of Limitations -Upon information and belief, Plaintiff's claims may be barred by the applicable Statute of Limitations. 2 i WHEREFORE, Defendant respectfully requests this Honorable Court enter an Order dismissing Plaintiff s Complaint and further granting any other such relief deemed necessary and proper. Respectfully submitted, Pa ? rit, n Paul R. Farnwalt, Pro Se Defendant 211 Bailey Street New Cumberland, PA 17070 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via Regular U.S. Mail to James C. Warmbrodt, Esq., Weltman, Weinberg & Reis Co., L.P.A., Attorneys for Plaintiff, 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219, on February I, 2011. Paul R. Farnwalt, Pro Se Defendant 211 Bailey Street New Cumberland, PA 17070 3 FROT1.ONOTAR`f 2011 UN 21 AM 11: 30 CUMBERLAND COUNTY WELTMAN, WEINBERG & REIS CO., L.PpJ.NNSYLYANIA BY: William T. Molczan I.D. No. 47437 Attorney for Plaintiff(s) 436 Seventh Avenue 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File # 8548371 CHASE BANK USA, N.A. Cumberland County Court of Common Pleas VS. PAUL R FARNWALT No.: 11-1038 CIVIL PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBERG & REIS CO., L.P.A. By C? . Mo an, Esquire William 11 Attorney for aintiff 11111111111111111111111111111111 IN 111111111111111111111111111111111