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HomeMy WebLinkAbout11-4880Our File No.: 313299 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD NEWARK, DE 19711 Plaintiff, VS. JI-ZHOU Z PEDERSEN 1078 COUNTRY CLUB RD CAMP HILL, PA 17011 Defendant. _ _}_'rc J, 10 CUMBLERLAN0 .'?('Yi PEN SY!'1r J,'iI COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. II- 1-1%? No, 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 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. S CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 SCI ?9? ?a ? Our File No.: 313299 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD NEWARK, DE 19711 Plaintiff, VS. JI-ZHOU Z PEDERSEN 1078 COUNTRY CLUB RD CAMP HILL, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is FIA CARD SERVICES, N.A., 655 PAPERMILL ROAD, NEWARK, DE 19711. 2. Defendant(s) is/are JI-ZHOU Z PEDERSEN, an adult individual residing at 1078 COUNTRY CLUB RD CAMP HILL, PA 17011. 3. At the special instance and request of Defendant, Plaintiff, FIA CARD SERVICES, N.A., issued to Defendant(s) a credit account. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $44,720.28. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $44,720.28 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney fo P A Law Firm EnaaReld in BY: Dated: 5/31/2011 David J Our File No.: 313299 VERIFICATION David J. Apothaker, Esquire, hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904/elatitg to unswom f-alsification to authorities. David J. othaker, Esquire Attorney laintiff DATE: 5/31/2011 Prepared for JI-ZHOU Z PEDERSEN AccountNumtae 4534 February 2009 Statement Credit Line: $0.00 Cash or Credit Avai/able: F' Account Information Summary of Transactions Billing Cycle and Payment Information Previous Balance $44,681.28 Days in Billing Cycle 55 Payments and Credits - $0.00 Closing Date 02/26/09 Purchases and Adjustments + Periodic Rate Finance Charges + Transaction Fee Finance Charges + $39.00 $0.00 $0,00 Payment Due Date Current Payment Due Past Due Amount 03/23/09 $485.00 + $7,316.00 New Balance Total $44,720.28 Total Minimum Payment Due talkla, J, Bankof America 44* For/nfonnation on YourAccount trait www.bankofamerica.com Call toll-free 1-800-789-6685 TDD hearing-impaired 1-800-346-3178 Mail Payments to: BANK OF AMERICA P.O. BOX 15726 WILMINGTON, DE 19886-5726 Mail Billing Inquiries to: BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-5026 Transactions Promotional Posting Transaction Reference Account Purchases and Adjustments Offer I_D_ Date Date Number Number Amount LATE FEE FOR PAYMENT DUE 01/27. + 01/27 01/27 4681 39.00 +TRANS FROM 5490352170000195 44,720 OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE Finance Charge Schedule Promotional CorrespondingAnnua( APR Balance Subject to Category Transaction Types Daily Periodic Rate Percentage Rate Type Finance Charge Balance Transfers 0.066411 % V 24.24% S $0.00 Cash Advances 0.066411 % V 24.24% S $0.00 Purchases 0.066411 % V 24.24% S $0.00 Annual Percentage Rate for this Billing Period: See Corresponding (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds Annual Percentage the Corresponding APR above.) Rate Above APR Type Definitions: Daily Interest Rate Type: V= Variable Rate (Interest Rate may vary); APR Type: S= Standard APR (APR normally in effect) Check here for a change of mailing address or phone number(s). Please provide all corrections on the reverse side. BANK OF AMERICA Payment Information P.O. BOX 15726 W WILMINGTON, DE 19886-5726 ACCOUNT NUMBER.• - 4534 NEWBALANCE TOTAL: $44,720.28 N PAYMENTDUEDATE.• 03/23/09 ,e*W FWY l 10 An-OW Ead-ffl& JI-ZHOU Z PEDERSEN 1078 COUNTRY CLUB RD CAMP HILL PA 17011-1038-783 Mail this payment coupon along with a check or money orderpayable to: BANK OF AMERICA IMPdATANT /NFORMATTON ABOUT THIS ACCOUNT USE 21 1 Rev. 04/08 CUSTOMER STATEMENT OF DISPUTED frEM - Please call toll fine 1.866.266.0212 Monday-Thursday 8am-9pm (Eastern Time), Friday 8am-7pm (Eastern Time) and Saturday 8am-6pm (Eastern Time). For prompt service please have the merchant reference number(s) available for the charge(s) in question. Your Name: Transaction Amount $: Posting Date: _ Disputed Amount LETTER OR FORM WITH YOUR PAYMENT. Choose only one dis _ Account Number: Reference Number: _ Merchant Name: 0 1. The amount of the charge was increased from $ to $ or my sales slip was added incorrectly. Enclosed is a copy 41T s sl that sho-m-i to correct amount. 0 2.1 certi that the charge listed above was not made by me or a person authorized by me to use my- card, nor were t e broods or services represented by the transaction received by me or a person authorized by me. 0 3.1 have not received the merchandise that was to be shipped tome on _L _L_ (MMODYY). I have asked the merchant to credit my account. 0 4.1 was issued a credit slip that was not shown on my, statement. A copy of my credit slip is enclosed. The merchant has up to 30 days to credit your account. 0 5. Merchandise that was shipped to me has arrived damaV and(or defective. I returned it on _! (MMND/YY) and asked the merchant to credit my account. Attach a letter describing how the merchandise was damaged andlor defective and a copy of the proof of return. 0 6. Although I did engage in the above transaction I have contacted the merchant, returned the merchandise on?- /_ / (MM/DD/YY) and requested a credit. I either did not receive this credit or it was unsansfaaon Arrac alleetttterexplainingwh you aredispumtgthischargewithacopyoftheproofof return. If you are unable to return the merchand se please explain. 0 7.1 certify that the charge in question was a sinde transaction, but was posted twice to my statement I did not authorize the second transaction. Sale #1$ Reference # Sale #2 $ Reference # E 8. I notified the merchant on t t (MM/DD(YY) to cancel the pre-authorized (reservation). Please note canglation # andavailable, enclose a copy of y outr contract and a copy of yewr telephone bill showing date and time of cancellation. Reason for cancellation ! der or ca ncellation #: Q 9. Although I did engage in the above transaction, I have contacted the merchant for credit. The services to be provided on / (M.MMD/Yl') were not received or were unsatisfactory. Attach a letter describing the services expected, your attempts to resolve with the merchant and a copy of your contract. Q 10.1 certify that I do not recognize the transaction. Merchants often provide telephone numbers next to their name on your billing statement. Please attempt to contact the merchant for information. Q 11. if your dispute is for a different reason, please contact us at the above telephone number. Signature (required): Date: Best contact telephone Home#: Billing dVcs are only preserved by written inquiry. To preserve your billing rights, please return a copy of this form and anyy s=150,16, rtininformation regardmg the merchant charge in question to: Arta: Billing Inquiries, PO. Wilmington, DE 19850-5026, USA. PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance add new Purchases new Acrnint Fees and new Transaction Fees, and subtract applicable payments and credits. Tf any daily balance is less than zettr we treat it as zero. It the Previous Balance shown on this statement was paid in full in this statement's billing cycle, then on the day after that payment in full dace, vve exclude from the beginning balance new Purchases new Account Fees, and new Transaction Fees which posted on or before that payment in full date and we do not add new Purchases, new Account Fees, or new Transaction Fees which post after that payment in full date. We include the costs for the credit card debt cancellation plan or credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such costs are billed. TOTAL PI3i011W RATE MANCE CHARGE COMPUTATION Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine the Periodic Rate Finance Charges, we multiply each Balance Subject to Finance Charge by its appplicable Daily Periodic Rate and that result by the number of days in the billing cycle. To cletenrrine the total Periodic: Rate Finance Charge for the billing cle, we add the Periodic Rate Finance Charges together. Each Daily Periodic Rate is calculatedly dividing its corresponding Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (induding transactions made after this statement) with lower APRs before balances with higher APRs. This will result in balances with lower APRs (such as new balances with promotional APR offers) being paid before any other existing balances. Payment Due Daps and Keeping Yaw Atxotnt In Good Sing Your Payment Due Dare will not fall on the same day each month. In order to help maintain any promotional rates, to avoid the imposition of Default Rates (if applicable), to avoid late fees, and to avoid overlimit fees, we must receive at least the Total Minimum Payment Due by its Payment Due Date each billing cycle and you must maintain your account balance below your Credit Limit each day. Important Information about Payments by Phone When using the optional Pay-by-Ph, ne service, you authorize us to initiate an electronic payment from your account at the finacial institution you designate. You must authorize the amount and timing of each pa ent. For your protection, we will ask for security infommtion. A fee may apply. To cancel, callus before the scheduled payment date. Same-day payments cannot be edited or canceled. NYSCELLA SOUS For the complete terms and conditions of your account, consult your Credit Card Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FIA Card Services, N.A. GRACE PERIOD Grace Period" means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. There is no Grace Period for Balance Transfers and Cash Advances. If you pay in full this statement's New Balance Total by its Payment Due Date and if you paid in full this sraternenes Previous Balance in this statement's billing cycle, [hen you will have a Grace Period during the billing cycle that began the day after this statement's Closing Date on the Purchase portions of this statement's New Balance Total During a 0%, Promotional Rate Offer. l) no Periodic Rate Finance Charges accrue on balances with the 0% Promotional Rare; and 2) you must pay the Total Minimum Payment Due by its Payment Due Date (and avoid any other "promotion rum-off event" as defined in your Credit Card Agreement) to maintain the 0% Promotional Rare. **If a corresponding Annual Percentage Rate in the Finance Charge Schedule on the front of this statement contains a ""*" symbol, then with respect to those balances: l) the 0% Promotional Rate will expire at the end of the next billing cycle, and 2) you must pay this statement's New Balance Total by its Payment Due Date to avoid Periodic Rate Finance Charges after the end of the 0% Promotional Rate Offer on those balances existing as of the Closing Date of this statement. CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances SubJ'ect to Finance Charge for Balance Transfers, Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this statement's billing cycle that had a "Pre- Cycle balance" - a Pre-Cycle balance is a Balance Transfer or Cash Advance with a transaction date prior to this statement's billing cycle but with a posting date within this statement s billing c cle; (3) addingg all the daily balance ether; and (4) dividing the sure of the daily balances by the number of da in this statements b' ' cycle. To calculate the daily balance for each v in this statement s billuutigg cycle we take the beginning 'add an amount equal to the applicable Daily Pericxlic Rate multiplied by the previous day s daily balance, add new Balance Transfers new Cash Advances and and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre- Cycle balance, we take the beginning balance attributable solely to Pre Cade balances (which will be zero on the transaction dare of the first Pre-Cycle balance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the applicable Pre Cycle balances and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Average Daily Balance Method (includin new Purchases): We calculate separate Balances Subject to Finance Charge for Purchases and for each Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. PAYMENT'S We credit payments as of the date received, if the payment is 1) received by 5 p.m. (Eastern Time), 2) received at the address shown in the bottom left-hand corner of the front of this statement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order, and 4) sent in the enclosed return envelope with only the bottom portion of this statement accompanying it. Payments received after 5 p.m. on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. Credit for any other payments may be delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us at least three business days before the automatic payment is scheduled to occur. If your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1 _ Address 2 _ City _ State _ Area Code & Home Phone Area Code & Work Phone reason. Zip .I Stephen R. Pedersen, Esquire Bar I.D. No. 72026 Pedersen & Pedersen, LLC 320 E. Market Street, 4 h Floor Harrisburg, PA 17101 Phone: (717) 763-1170 e-mail: srpedzhou@comcast.net Counsel for Defendant FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD NEWARK, DE 19711, Plaintiff, VS. JI-ZHOU Z. PEDERSEN Defendant. 2911 JU,IN 16 AM 11: 4 :) CUMBERLAND CC „'14 E PENNSYLVA, M : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4880 CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER ANSWER AND NEW MATTER And now comes the Defendant, Ji-zhou Pedersen, by and through her attorney, Stephen R. Pedersen, Esq. and represents as follows, per this Answer and New Matter: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph and they are therefore denied and strict proof is demanded at the time of trial. 2. Admitted. 3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph and they are therefore denied and strict proof is demanded at the time of trial. 4. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph and they are therefore denied and strict proof is demanded at the time of trial. 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph and they are therefore denied and strict proof is demanded at the time of trial. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph and they are therefore denied and strict proof is demanded at the time of trial. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph and they are therefore denied and strict proof is demanded at the time of trial. Wherefore, defendant requests a judgment against the plaintiffs and in favor of the defendants in an amount to be proven at trial to the fullest degree allowed by law, and costs, interest and attorney's fees. NEW MATTER 8. The Complaint, in whole or in part, fails to state a cause of action upon which relief can be granted. 9. The Complaint is barred by the statute of limitations. 10. It is the plaintiff and not the defendant who breached the contract by, among other things, improperly and in violation of law, (1) increasing the interest rate; (2) accelerating the loan; (3) cancelling the line of credit; (4) bringing untimely suit; and, (5) engaging in harassing and fraudulent phone calls. 11. Each of these contractual breaches caused harm to the defendant in her personal and professional endeavors. 12. Defendant acted reasonably and properly under these circumstances. 13. Plaintiff engaged in negligent, reckless and outrageous conduct when the plaintiff, by and through its agents, apparent agents, servants and attorneys, called and attempted to harass and intimidate the defendant in violation of both statutory and common law principles. 14. The Plaintiff violated the Fair Debt Collection Practices Act and other consumer protection laws when it, by and through its agents, apparent agents, servants and attorneys, attempted to collect a claimed debt. 15. Each of the negligent, reckless and outrageous actions and statutory violations caused harm to the defendant and claim is made therefor. 16. Defendant also requests punitive, exemplary and statutory damages to the full degree allowed by law. Wherefore, defendants request a judgment against the plaintiffs and in favor of the defendants in an amount to be proven at trial, including full compensatory damages, punitive and // // // exemplary damages and all statutorily damages to the fullest degree allowed by law, and costs, interest and attorney's fees. Respectfully submitted, Stephen R. Pedersen, Esq. 214 Senate Ave., Suite 602 Camp Hill, PA 17011 (717) 763-1170 I. D. No. 72026 Counsel for Defendant Dated this day of June, 2011. CERTIFICATE OF SERVICE I, Stephen R. Pedersen, hereby certify that on this 15t` day of June, 2011, I have served a true and correct copy of the foregoing ANSWER and NEW MATTER upon the attorneys of record at the following addresses by sending same in the United States mail: Counsel for Plaintiff: David J. Apothaker, Esq. Apothaker & Associates 520 Fellowship Road C306 Mount Laurel, N.J. 08054 PEDERSEN & PEDERSEN, L.L.C. Date: e?? StephV.Pedersen, Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Q?+,Ytr oi4u?r+brr[??t? Jody S Smith Chief Deputy ?. Richard W Stewart Solicitor '"` ":R19F C= -1 rT1 C - sT1r= C - ZH O eM p Cot I .-1 C, FIA Card Services vs. Ji-Zhou Z. Pedersen Case Number 2011-4880 SHERIFF'S RETURN OF SERVICE 06/14/2011 08:08 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 14, 2011 at 2008 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ji-Zhou Z. Pedersen, by making known unto Yang Huiying, adult in charge at 1078 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.00 June 15, 2011 GERALD WORTHINGT DEPUTY SO ANSWERS,, RON R ANDERSON, SHERIFF !d; Jounty Soite Sheriff Ieieosoft. In 1 , L Our file No.: 313299 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff FIA CARD SERVICES, N.A. Plaintiff, vs. JI-ZHOU Z PEDERSEN Defendant. Civil Action ANSWER TO NEW MATTER Plaintiff, FIA CARD SERVICES, N.A., by and through their attorney, answers the following New Matter: 8. Denied. Plaintiffs Complaint brings a valid Cause of Action against Defendant. 9. Denied. Plaintiff's claim is not barred by the applicable Statute of Limitations. 10. Denied. All injuries and damages to the Defendant were caused in whole by the Defendant. 11. Denied. All injuries and damages to the Defendant were caused in whole by the Defendant. 12. No responsive pleading is required. 13. Denied. It is denied that Plaintiff violated any statutory and/or common law FILED-QPF1 aF PRoTWOk?TARY M JUN 24 AM 10: 01 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: CV-11-4880 principles. 14. Denied. This paragraph contains a conclusion of law to which no responsive pleading is required. 15. Denied. All injuries and damages to the Defendant were caused in whole by the Defendant. 16. No responsive pleading is required. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Fhm Engaged in Debt Collection BY: W. Felzer, Esquire DATED: June 21, 2011 VERIFICATION Jordan W. Felzer, Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unswom falsification to authorities. i ff dan W. Felzer, Esquire ornev for Plaintiff DATE: 6/21/2011 " Our file No.: 313299 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff FIA CARD SERVICES, N.A COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. JI-ZHOU Z PEDERSEN Defendant. Civil Action CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on 6/21/2011, I mailed a copy of the Answer to New Matter by Regular mail to STEPHEN PEDERSEN, ESQUIRE 320 E. MARKET STREET 4TH FLOOR HARRISBURG, PA 17101 W. Felzer, Esquire ;v for Plaintiff DOCKET NO.: CV-11-4880 Date: 6/21/2011 ice} 1 i ' U i 1''4 , 2126330 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE rt'1`'BERLA D COUNT Identification No.: 41360 PENNSYLVANIA JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. VS. JI-ZHOU Z PEDERSEN TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : CV-11-4880 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the plaintiff in the above-captioned matter. GORDON & WEINBERG, P.C. BY: FREDERIC I WE BERG, ESQUIRE JOEL M. FL , ESQUIRE Attorney for Plaintiff P012 . , . . CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Substitution of Attorney and Entry of Appearance 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. FREDERI I. W BERG, ESQUIRE Dated: I Stephen R. Pedersen, Esquire Bar I.D. No. 72026 _ Pedersen& Pedersen, LLC M a'+ 320 E. Market Street, 41h Floor N Harrisburg, PA 17101 -<> Cn Phone: (717) 763-1170 e-mail: srpedzhou @comcast.net .—T7, Counsel for Defendant FIA CARD SERVICES, N.A. IN THE COURT OF COMMON PLEAS 655 PAPERMILL ROAD CUMBERLAND COUNTY, PENNSYLVANIA NEWARK, DE 19711, NO. 11-4880 Plaintiff, CIVIL ACTION - LAW vs. JI-ZHOU Z. PEDERSEN JURY TRIAL DEMANDED ANSWER AND NEW MATTER Defendant. DEFENDANT'S MOTION FOR CONTINUANCE OF APRIL 3 2013 HEARING And now comes the Defendant, Ji-zhou Pedersen, by and through her attorney, Stephen R. Pedersen, Esq. and represents as follows, per this Motion for Continuance of April 3, 2013 Hearing:: 1. Defendant's Motion for Reconsideration of Appointment of Arbitrators is currently pending before the Court and has not yet been ruled upon. The Motion seeks to set aside the arbitration hearing process in light of the counterclaim which exceeds the jurisdictional limits and in light of the plaintiff s refusal to attend a discovery deposition, all as described in the Motion pending before the Court. 2. Plaintiff responded to the motion, without addressing their refusal to attend a discovery deposition. 3. Defendants hereby incorporate the Motion and its attachments herein, as if set forth at length. For these reasons, defendant requests a continuance of the Hearing currently scheduled to take place on April 3, 2013, until such time as the Court rules on the pending motion, and until such time as the plaintiff provides a date for their deposition, to take place in counsel's office in Harrisburg, Pennsylvania. In addition, defendant requests leave to Amend the Answer, to more fully set forth the counterclaim. Respectfully submitted, Stephen R. Pedersen, Esq. 214 Senate Ave., Suite 602 Camp Hill, PA 17011 (717) 763-1170 I. D. No. 72026 Counsel for Defendant Dated this 26"day of March, 2013. CERTIFICATE OF SERVICE I, Stephen R. Pedersen, hereby certify that on this 26`h day of March, 2013, I have served a true and correct copy of the foregoing upon the attorneys of record at the following addresses by sending same in the United States mail: Counsel for Plaintiff: Joel M. Fink, Esq. Gordon& Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 PEDERSEN & PEDERSEN, L.L.C. Date: Stephen R. Pedersen, Esquire FIA CARD SERVICES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS . CIVIL ACTION-LAW NO. 11-4880 CIVIL JI-ZHOU Z. PEDERSEN, Defendant . ORDER OF COURT AND NOW, this 3 day of April, 2013, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. Marlin R. McCaleb, Esquire, Chairman, shall be paid the sum of $50 . 00 BY THE COURT, Kevi A. Hess, P.J. V Marlin R. McCaleb, Esquire c- Court Administrator =M � rr ., a ::V -ter:, c-a 2126330 The Law'Offices of Frederic I Weinberg Associates, 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 4841351-0500 y; TNSCtlu- 2014 C, AlUC e, Phi 3: If MEER l2 ND CO PENNSYLVANIA FIA CARD SERVICES, N.A. vs. JI-ZHOU.•Z.PEDERSEN COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : CV -11-4880 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above -captioned matter settled, discontinued and ended upon payment of your costs only. P003 The Law Offices of Frederic & Associates, P.C. BY: I. Weinberg Frederic f' nberg, Esquire Joel M. k, Esquire Attorney for Plaintiff