Loading...
HomeMy WebLinkAbout14-2243 . z Supreme Co Hof ;;Pennsylvania /,37 COUrk &- CoinmoA leas For Prothonotary Use Only: zi Civil, Coer CUM •! -'� t° Docket No: BLA'1VD `' wf County a f � � 1 The information collected on this fibrin is used solely for court administration purposes. This does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint G` i Writ of Summons - Petition 0 Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T BARCLAYS BANK DELAWARE JAMES J STEHMAN Are money damages requested? ix: Yes Q No Dollar Amount Requested: Ix; within arbitration limits I (check one) 0 outside arbitration limits O N Is this a Class Action Suit? ❑ Yes i1 No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff /Appellant's Attorney: FREDERIC I WEINBERG E l Check here if you have no attorney (are a Self- Represented (Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional El Buyer Plaintiff Administrative Agencies El Malicious Prosecution F*1 Debt Collection: Credit Card f❑� Board of Assessment [_! Motor Vehicle Debt Collection: Other] Board of Elections C] Nuisance I_ Dept. of Transportation S Premises Liability g Statutory Appeal: Other Product Liability (does not include E mass tort) L._i Employment Dispute: 0 Slander/Libel/ Defamation Discrimination C 0 Other: Employment Dispute: Other -i Zoning Board T - Other: I EJ Other: O MASS TORT 0 Asbestos N _ Tobacco Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 E Other: Ejectment Law /Statutory Arbitration B M Eminent Domain /Condemnation Q Declaratory Judgment El Ground Rent Mandamus El Landlord/Tenant Dispute -y Non - Domestic Relations Q Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITYi Mortgage Foreclosure: Commercial iJ Quo Warranto f_ Dental Q Partition 0 Replevin Legal M Quiet Title 0 Other: Q Medical 0 Other: Other Professional: Updated 1/1/2011 2181658 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.. 41360 JOEL M. FLINK, ESQUIRE r- Identification No.. 41200 1' 1001 E. Hector Street, Ste 220, =: a,, Conshohocken, PA 19428 v 484/351 -0500 BARCLAYS BANK DELAWARE COURT OF COMMON PLEAS 125 S. West St CUMBERLAND COUNTY Wilmington DE 19801 VS. DOCKET NO. JAMES J STEHMAN 72 DREXEL PL NEW CUMBERLAND PA 17070 -2205 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 (7 17 ) 249 -3166 ox a- - Ci�� t COMPLAINT IN CIVIL - ACTION 1. 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. 2. 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. 3. The defendant(s)received and accepted goods and merchand- ise and /or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the affidavit of account is attached hereto as Exhibit "A" and incorporated herein by reference. 4 All the credits to which the defendant (s) is entitled have been applied and there remains a balance due as of March 27, 2014 in the amount of $2,727.71. 5. Plaintiff has made demand upon the defendant(s)for payment of. the balance due but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 6. Defendant's last payment on account was made on 5/6/2013. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,727.71 plus applicable costs. GORDON & WEINBERG, P.C. BY: FREDERIC INBERG, ESQUIRE JOEL M. L A K, ESQUIRE Attorney for Plaintiff P01A.1 2181658 BARCLAYS BANK DELAWARE JAMES J STEHMAN 5140218010693172 VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. NAME: EXHIBIT "A" 2181658 BARCLAYS BANK DELAWARE JAMES J STEHMAN 5140218010693172 State of Delaware § County of New Castle § AFFIDAVIT I, �Ny served sworn according to law, depose and say that: 1. I am the authorized representative of the Plaintiff herein and I have custody and control of the files relating to this account; 2. Plaintiff's files are maintained in the usual and ordinary course of business; 3. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 4. There is now due and owing from defendant to plaintiff, the amount of $2,727.71 less credits in the amount of $.00 totaling $2,727.71 as of February 19, 2014. 5. 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. AFFIANT: Sworn to and Subscribed before me this 2 day - E�M�7. 0 of ` 2014 ��gQGp�1M�S�;'�2 �•� EXPIRES otary Pu liC o APRIL 9,201 P 12 0 � S O Department of Defense Manpower Data Center Results as of: Mar-28-2014 02:32:18 PM SCRA 3.0 E Stem 1�eporL Pursuant to Servicememben Civil Relief Act Last Name: STEHMAN First Name: JAMES Middle Name: J Active Duty Status As Of: Mar -2 8-2014 On Active Duty On Active Duty Status Da Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active D Status Dale Left Active Duty Wthin 367 Da of Active Duty Status Date Active Duty Start Date Active Duty End Date status Servioe Com onent NA NA No NA This resDonse reflects where the individual left active duty status within 387 days preceding the Active Duty Status Dale The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Dale Omer Notification Start Date Order Notification End Date Status Service Co onent NA NA No EENl This response reflects whether the individual or hislher unit has received early notification to report for active dut Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. A wt fox' Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty' responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: hftp: / /www,defenselink .mil /faq /pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA maybe invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his /her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps), Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty, Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: W8G4MC67XOB5JEO SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff `�J-�'��- ff ' J �,R0THD , f yt�� rf cmtd.4.,/ ! i IF t C�V T I 11.1 l'4� f r,-:,'�, Jody S Smith Chief Deputy 2R MAY — I AM 10: 20 Richard W Stewart CUMBERLANCO COUNTY Solicitor PENNSYLVANIA Barclays Bank Delaware vs. Case Number James J Stehman 2014-2243 SHERIFF'S RETURN OF SERVICE 04/24/2014 01:15 PM-Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: James J Stehman at 72 Drexel Place, Lower Allen, New Cumberland, PA 17070. JASONN''KINS'et , DEPUTY SHERIFF COST: $47.21 SO ANSWERS, April 28, 2014 RONO R ANDERSON, SHERIFF (c)CountySuite Sneriff,Teleoscft.Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW BARCLAYS BANK, DELAWARE 125 South West Street Wilmington, DE 19801 Plaintiff v JAMES J STEHMAN 72 Drexel Place New Cumberland, PA 17070 Defendant Docket No. : CV 14-2243 Answer and New Matter And now, comes the Defendant, James JStehman, pro se, who answers Plaintiff's Complaint as follows: 1. Paragraph 1 is admitted to the extent as the Defendant was the holder of a credit card. Defendant has the belief that nothing was signed agreeing to anything with the Plaintiff, Barclays Bank, Delaware. 2. Paragraph 2 is admitted. 3. Paragraph 3 is admitted. 4. Paragraph 4 is denied. After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of paragraph 4, which is therefore denied. Defendant demands proof of the amount owed to Plaintiff. 5. Paragraph 5 is admitted in part and denied in part. Defendant admits that Plaintiff, Barclays Bank Delaware, requested payments. Defendant attempted to negotiate in good faith, a payment or payments with an agent of Barclays, (name unknown). 6. Paragraph 6 is admitted that the last payment was made on 5/6/2013. Everything else is denied. Defendant demands proof of the amount owed to the Plaintiffs. 7. Declaration of exempt income: My income consists only of Social Security and a small disability pension. Both are exempt from garnishment by Federal law. WHEREFORE, the Defendant asks the Honorable Court to compel Plaintiff(s) for production of the above documents or in the alternative, dismiss the Plaintiff's complaint in its entirety. Respectfully submitted, �raQUA41:6 efendan James J Stehman 72 Drexel Place New Cumberland, PA 17070 (717) 774-4030 I verify that the statements made in this Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: JC' Z` 2,014 ature V Si4iNeS a. ' ST-tf w► frM Print Name IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW BARCLAYS BANK, DELAWARE 125 South West Street Wilmington, DE 19801 Plaintiff V JAMES J STEHMAN 72 Drexel Place New Cumberland, PA 17070 Defendant Docket No: CV 14-2243 CERTIFICATE OF SERVICE I, James JStehman, hereby certify that I have mailed by U.S. mail, first class, postage prepaid on this 5th day of May, 2014, a true and correct copy of the Answer and New Matter with Notice to Plead to the person(s) at the address indicated: GORDON & WEINBERG, P.C. Frederic I. Weinberg, Esquire Joel M. Flink, Esquire 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 Date: May 5, 2014 BARCLAYS BANK, DELAWARE 125 S. West Street Wilmington, DE 19801 es J Stehman 72 Drexel Place New Cumberland, PA 17070 (717) 7744030