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HomeMy WebLinkAbout04-4265Our File No. 198031 `ATTORNEYS FOR PLAINTIFF ERIC M. BERMAN, P.C. BY: Eric M. Berman, Esquire, I.D. 83698 BY: Robert M. Kline, Esquire,I.D. 56479 198 Allendale Road, Suite 306 King of Prussia, PA 19406 (610) 265-7720 -----------------------------------------X DISCOVER BANK c/o ERIC M. BERMAN, P.C. 198 Allendale Road, Suite 306 King of Prussia, PA 19406 VS. BRUCE C ENSOR 1024 TEAKWOOD IN ENOLA, PA 17025 2046 -----------------------------------------X NOTICE TO DEFEND COURT OF COMMON PLEAS COUNTY OF CUMBERLAND TRIAL DIVISION CIVIL ACTION Term No. ou -, y)L.S l CCZ-la 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 this complaint or for any other claim or relief required 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 REFERENCE SERVICE COUNTY OF CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PA 17013 800-990-9108 vi ATTORNEyS ur File No. 198031 ERIC M. FOR PLAINTIFF BY' M. BERMAN, P.C. Eric Berman Esquire, 1 I.D• 98 AllRobert Robert M. Kline, Esquire 198 endale 83698 King of Prus Road, Suite 3062 D. 56479 (610) 265-7720a PA 19406 DISCOVER BANK ------- ----------------X c'o ERIC M. BERMAN, P.C. 298 Allendal King Road, Suite 306 g of Prussia, PA 19406 vs. RRrrna ?•____ COUNT OF COMMON PLEAS TY OF CUMBERLAND CIVIL ACTION -? Term No. 04- C_,_l 9AIIS Our File No. 198031 ATTORNEYS FOR PLAINTIFF ERIC M. BERMAN, P.C. BY: Eric M. Berman, Esquire, I.D. 83698 BY: Robert M. Kline, Esquire,I.D. 56479 198 Allendale Road, Suite 306 King of Prussia, PA 19406 (610) 265-7720 -----------------------------------------X DISCOVER BANK C/o ERIC M. BERMAN, P.C. 198 Allendale Road, Suite 306 King of Prussia, PA 19406 VS. BRUCE C ENSOR 1024 TEAKWOOD LN ENOLA, PA 17025 2046 -----------------------------------------X COMPLAINT COURT OF COMMON PLEAS COUNTY OF CUMBERLAND CIVIL ACTION Term n No. Oq _ Jla4..S l t;t1&1-V'J 1. Plaintiff, DISCOVER BANK , is a DELAWARE STATE BANK authorized to do business in the Commonwealth of Pennsylvania with its place of business at 3311 MILL MEADOW DRIVE, HILLIARD, OH 43026. 2. The Defendant(s), BRUCE C ENSOR , resides at 1024 TEAKWOOD LN , ENOLA, PA 17025-2046. 3. There is due from the Defendant(s) the sum of $2,312.44 for credit extended by Plaintiff to Defendant(s), acct. no. 6011002410176689, and which such credit was drawn and used by the Defendant(s). Defendant(s) is in default for failure to make payments for such use. 4. The Plaintiff has made demand upon the Defendant(s) for payment of monies in the sum of $2,312.44 advanced to Defendant(s) through Defendant(s) use of the above-referenced credit account, but Defendant(s) has failed and refused to pay the said sum or any part thereof. 5. All applicable credits, if any, have been duly applied to Defendant(s) credit account. WHEREFORE, Plaintiff claims of the Defendant(s) the sum of $2,312.44 plus interest, attorneys fees and costs which are justly due and owing from the Defendant(s) to the Plaintiff. Dated: AUGUST 18, 2004 ERIC M. BERMAN, P.C. BY: ERIC M. BSQUIRE BY: ROBERT M. KLINE ESQUIRE SPACEBNW-ZN Attorneys for Plaintiff VERIFICATION Eric M. Berman, Esquire, being duly sworn according to law, deposes and says that he is the Principal attorney of Eric M. Berman, P.C., attorneys for the Plaintiff, and/or Robert M. Kline, Esquire, being duly sworn according to law, deposes and says that he is an associate attorney with said firm, and as said attorney, is authorized to take this verification on its behalf, and that the facts in the Complaint as set forth therein are true and correct to the best of his knowledge, information and belief. I verify that the statements true and correct. I understand to the penalties of 18 Pa C.S.A. falsifications to authorities. made in the within instrument are that false statements are subject Section 4904 relating to unsworn 0-1?-'? ERIC M. BERMAN, ESQUIRE Dated: AUGUST 18, 2004 4--",l / ROBERT M. KLINE, ESQUIRE SPACEBNW-ZN (/? Cl r _ N ?,7 N -7C ; x fr o - s lei SHERIFF'S RETURN - REGULAR CASE NO: 2004-04265 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS ENSOR BRUCE C SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ENSOR BRUCE C the DEFENDANT , at: 1905:00 HOURS, on the 14th day of September, 2004 at 1024 TEAKWOOD LANE ENOLA, PA 17025 by handing to BRUCE ENSOR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 22.20 Affidavit .00 Surcharge 10.00 .00 50.20 Sworn and Subscribed to before me this e?/at day of A ,11i?Tq=1h.nCo)t A...o2OO>Y/ G-D. ary So A nswers: R. Thomas Kline 09/15/2004 ERIC BERMAN By: L v(, t LL' ? Deputy Sheri Bruce Ensor 1024 Teakwood Lane Enola, Pennsylvania 17025 COMMONWEALTH OF PENNSYLVANIA IN THE COUNTY OF CUMBERLAND COURT OF COMMON PLEAS DISCOVER BANK Plaintiff, V. : NO. 04 4265 BRUCE C ENSOR Defendant. : CIVIL ACTION - LAW ANSWER COMES NOW, Bruce Ensor, hereinafter "Ensor," himself alone, without and in want of counsel, who is also unschooled in law and hereby makes the following ANSWER TO COMPLAINT WITH AFFIDAVIT IN SUPPORT as required by the Court's order in this matter. Affirmative Defenses First Affirmative Defense Ensor denies that plaintiff is authorized to bring this action. In the alleged contract of the plaintiff, the contract plainly states that arbitration is the only option available to either party and that neither party has a judicial remedy prior to arbitration proceedings, (paraphrased). IF EITHER YOU OR WE ELECT ARBITRATION, NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL- ON THAT CLAIM, PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED. Ensor has chosen to arbitrate the matter herein, Ensor believes the Plaintiff is without remedy in this court by virtue of its own purported contract. Plaintiff is acting in bad faith and is estopped from litigation in this matter. Second Affirmative Defense Ensor incorporates the above as if set forth in full herein. Ensor denies that the DEFENDANT, BRUCE ENSOR is a legal entity with a legal existence therefore NOT a real party in interest but a strawman/transmitting utility incapable of suing or being sued. See Affidavit in Support. Further, because the DEFENDANT is a STRAWMAN/FICTICIOUS ENTITY with no legal existence in law or in fact, plaintiff fails to state a claim upon which relief can be granted. Third Affirmative Defense Ensor incorporates the above as if set forth in full herein. The alleged contract of the plaintiff is an ultra vires contract. Banks cannot lend credit and no such transaction of the lending of credit has actually taken place. Banks are not authorized to perform an act of ultra vires. Ensor has recently become aware of said acts of ultra vires and has elected to cease to do business with the plaintiff. Ensor denies that plaintiff lent anything in this matter, nor did the plaintiff risk any assets or consideration. Fourth Affirmative Defense Ensor incorporates the above as if set forth in full herein. Ensor denies each and every allegation of the Plaintiff's counsel as set forth in the complaint. Dated this 3 ?1Dday of October, 2004. Bruce Ensor AFFIDAVIT IN SUPPORT OF ANSWER One, living, breathing man known as Bruce Ensor, Affiant, being of sound mind, and over the age of twenty-one, reserving all rights, being unschooled in law, and who has no bar attorney, without an attorney, and having never been represented by an attorney, and does not waive counsel, knowingly and willingly Declares and Duly affirms, according to law, in special appearance, in time of peace and not in time of war or emergency, to good faith, with no intention to delay or obstruct, and with full intent to preserve and promote the public confidence in the integrity and impartiality of the acts, in the matter(s) herein, and any matter judiciary, that the following statements and f the truth, the whole truth, relating to this, are of my own first-hand knowledge, and are and nothing but the truth, so help me God: 1. Bruce Ensor, Affiant, owns the name Bruce Ensor, and spew only for Bruce Ensor, and is no other person, and has no aliases and/or aka's (also known as), and is suretyfor no other person, and speaks for no other person, juristic voluntary person, entity, individual, group, organization, association, association, joint-stock association, company, co partnership, firm, order or society, aggregate or part of any aggregate, or automatic aggregate, or public utility aggregate, whether organized or incorporated or not, and is not misrepresenting himself, and has not duly granted ratified bargained for, gifted sold, optioned or donated any power of appointment, special power of appointment, general power of appointment in trust, or any general or special franchise, or elective franchise, of name, character, or living body to any other, for any consideration: including but not limited to any option or opting, any promises, implied promise, successive promises, agreement, supposed agreement, fiction, forbearance, grace, creation, modification or destruction of a legal relation, trade name, trademark, service mark, title, titles, or return promise, bargained for and given in exchange for a promise, privileges or benefits, reciprocity, any indemnity, mutual indemnification, any future interest, or otherwise; denies the existence of the following persons, and denies that 2. Bruce Ensor they are an actual or legal entity, aggregate, or a corporation duly organized and existing: COUNTY OF BRUCE ENSOR; ENSOR, C. BRUCE; or any derivative thereof, THE CUMBERLAND, STATE OF PENNSYLVANIA, COMMONWEALTH OF PENNSYLVANIA, PA, DISCOVER BANK; ERIC M BERMAN; PENNSYLVANIA BAR ASSOCIATION, ALL OTHER BAR ASSOCIATIONS, UNITED STATES OF AMERICA, UNITED STATES, ALL OTHER MEMBERS, ASSOCIATES, PERSONELL, AGENTS, OFFICERS, FACILITATORS, EMPLOYEES, PARTNERS, HEIRS OR ASSIGNS, of the above enterprises, who are, or who may be associated with any claims on, upon, or against my natural body, or my possessions. Further Affiant saith not. -7 O In witness whereof, I have hereunto set my hand, this the 0 day of October, 2004. Bruce Ensor commonwealth of Pennsylvania, Cumberland county, ss: Be it remembered, that on the 3?' dda1' of October„ 2004, Bruce Ensor, the Affiant in the foregoing Affidavit, personally appeared before me, the subscriber, a notary public in and for said County and State, and Duly Attested for the truth of the foregoing Affidavit, in my presence. The Affiant also acknowledged the signing thereof for being his own voluntary act and deed. seal: N Lry iL my commission expires: '7-6; - "OMIAL SEAL JUDM s GRDM Rose ratan WXW10N0UGKCotWOFC%4SK V My ConpnYNOn EzpM Jun 7.2005 CERTIFICATE OF SERVICE I certify that I caused this ANSWER TO COMPLAINT WITH AFFIDAVIT IN SUPPORT, a true, correct, and complete copy, to be hand delivered or sent by United States Mail to the parties listed below. Eric M. Berman 198 Allendale Road, Suite 306 King of Prussia, Pennsylvania 19406 By: X U.S. mail Hand delivered Overnight mail Dated this 3 day of October, 2004 ?? N .?, ;# r I7 ? (":? T_ i..i 4?. ? nF" [.'" ? :_,/ F' '7 l ? jt ?'_ !'?,? ?tiY? G? f^1 V Our File No. 198031 ERIC M. BERMAN, P.C. By: Robert M. Kline, Esquire Atty. ID.No. 56479 Attorneys for Plaintiff 500 North Gulph Road, Suite 350 King of Prussia, PA 19406 (484) 690-3980 DISCOVER BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 04-4265 VS. BRUCE C. ENSOR STATEMENT OF INTENTION TO PROCEED TO THE PROTHONOTARY: Kindly mark the docket to reflect that Plaintiff, Discover Bank desires to proceed with this matter. Robert M. Kline, Esquire Attorney for Plaintiff Dated: October 31, 2007 C? ra .? fV ?