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Home My WebLink About02-3724ROBERT M. REIBSTEIN, ESQUIRE 705 Montgomery Avenue Naxberth, PA 19072 (610) 664-1999 Attorney I.D. No. 20456 REFINANCE AMERICA, LTD Assignee of First USA Bank, N.A tka FIRST CARD 29 PLAZA BLVD. SUITE 112 MORRISVILLE, PA 19067 VS. KENNETH B. MYERS AND NANCY MYERS, indv. and h/w 14 PINE I4111. AVENUE MECHANICSBURG, PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMPLAINT Notice to Defend You have been sued in Court. If you wish to de,nd 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 warnedthat ifyou failto do so, the case may proceedwithout 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 reliefrequested 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 YOUDO 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 Court Administrator One Courthouse Square, 4* Floor Carlisle, PA 17013 (717)-240-6200 ROBERT M. REIBSTEIN, ESQUIRE 705 Montgomeoj Avenue Narb~th, PA 19O72 (610) 664-1999 Attorney I.D. No. 20456 REFINANCE AMERICA, I'ED Assignee of First USA Bank, N.A tka FIRST CARD 29 PLAZABLVD. SUITE 112 MORRISVII l.g., PA 19067 VS. KENNETH B. MYERS AND NANCY MYERS, indv. and h/w 14 PINE HILL AVENUE MECHANICSBURG, PA 17050 IN THE COURT OF COMMON PLEAS CUIVIBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMPLAINT 1. Plaintiff, Refinance Amexica, LTD, Assignee of First USA Bank, formally known as Bank One, is a Colorado corporation with prindpal offices located at 29 Plaza Blvd., Suite 112, Mordsville, Pennsylvania. 2. De~dants, Kenneth B. Myers and Nancy Myers, are adult individuals and husband an~ wife residing at 14 Pine Frail Avenue, Mechanicsburg, Pennsylvania. 3. At the request of Defendant, First USA Bank, N.A. issued Defendant a credit card on, about April I, 1995 wherein Defendam made various charges through April 19, 2000 wherein at that time, there remained a principal balance due and owing on said account in the sum of$7,060.63~ A tree and correct copy of statement of said account is attached hereto made part hereof and marked as Exhibit "A". 4. Defendant has repeatedly failed and refused to pay all or any part of the principal balance due and owing on said account. 5. As per the Cardmember Agree~nent between Defendant and First USA Bank, N.A. there remains additional interest due on said account at the daily rate of $3.94 per day for 760 days wherein there remains an additional sum due and owing Plaintiff in the sum of $3,169.00 and additional late fees of $35.00. A tree and correct copy of said Card Member Agreement is attached hereto made part hereof and marked as Exhibit "B" in it's entirety.. 6. For value reeeived on or about December 6, 2001, First USA Bank, N.A_ or their assigns assigned all of it's right, title and imerest to said credit card account to PI~. A tree and correct copy of said assignment is attached hereto made hereof and marked as Exhibit "C". 7. As per Exhibit "A", Plaintiffis entitled to reasonable attorneys fees of $350.00 and continuing at a rate of $175.00 per hour for the lawful collection of said debt. 8. After further demand, Defendant has failed and refused to pay all or any part of the balance due and owing in the sum of $10,447.32. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $10,447.32 plus continuing interest until the date ofjudgment plus reasonable attorney fees and the costs of this litigation. Robert M. Re~bstein, Esquire Attorney for Plaintiff Payment Coupon Aeemmt number 4366 1330 5262 9002 Past Due Ameunt~ay immediately $1,12t.00 New Balance :;7,0§0 83 Minimum Paym eflt Due Payment Due Date MAy 14, 2000 Amount.cie.ed i" ................. mllh.,llh,,.hh,hh,,.Ihlh,.,I ........ h.h.ll.I 43661330~2629002003322630070606~7 FIRSt o,o.,.o Oam ~PRIL l g, :2000 Account 4366 1330 5262 9002 Gold Statement Page 1 of I Acco~t S~m~ Finance Charge A~¥ame~ 26.99% 073~4% 0.00 000 0.00 FINANCE CHARGB' $0 O0 ANNUAL PERCENTAGE RA'rB 26 99% This Statement is a Facsimile - Not an Original Cardmember Tip~ Aceo~mt numb~ 4366 1330 5262 9002 I ................................. / ,,.lll,.,I.l,,I,l..,ll.lh.,hhhl,,,,ll.h,l,,, q3[-E'm,':m305 ~h ~q00:~O0000O0000000000 ~ FIRSTCARD Visau Gold Statement Closing Date MARCH 20. 2000 Account 4386 1330 52R2 9002 Page 1 of 2 Account Summar~ Previous Balance $7,125.B3 Teta~ Cradlt L ~e $5 DCO.OD TransaaJons 18000 Total Available Cradit IOOD Payments & Credits~-) 7,30583 Cash Limit · ~ J]OD OD Finance Charqes 000 (a portion of your credd line) Finance Ch~e FINANCE CHARGE* ANNUAL PERCBNTAGE RATE $0 O0 This Statement is a Facsimile - Not an Original Thank you for continuing to use your First Card Cre ~d~e ~Jl~lt~ rel~[~ we have built k~rith you and 3~ot)fS~Itmuen-mm~ess i~ill~dl~ant to us. Please let us know if there is anything we can do to service your account · ' ~ember Agreement ~ur &couRt and ~y ~ chn~ a~ f~ ~i~ ~ ~ e ~mc P~ ~e ~out pr~t~ ~ ~ ~ (~) ~ ~ ~ce ~ ~u die ~c We ~y ~u~e ~t ~ ~ ~e ~g ~t ~ ~ut mn(s) to ~. ~ ~ m~ ~ ~e ~ UX ~ ~y ~t ~te~c You ~ ~ m ~ a ~ ~ ob~ ~ ~h ~ce ~ ~ ~ ~e un~d ~ ~ ~t ~ ~ ~r mi5 ~.~ E~ ~, ~ ~t ~u ~ ~o ~y ~e ~ ~ ~ ~ ~t ~ do~.You~ ~ ~y~.~ ~ una~ ~.~c We ~y ~ ~t ~ a ~o~ ~ ~'~ ~P~ ~e N~ ~ ~ ~ ~ ~t ~ ~ ~ $10.~, ~ ~%~ M~n~l~ ~t ~due ~' ~ ~t Due ~) We ~lcuhte the 'b~nce subject to ~ ~GE' ~tely for Purc~ ~d ~h ~h Ad~nce ~al ~e ~y ~ recei~ parent in ~ Ho~. ~u M~ a ~ce ~ for Pu~. You ~1 not ~y a P~ ~ ~GE on ~t pad ~ H~ ~ce m ~ ~ ~e ~t Due ~ on ~p~ m~t T°~n~om We may le~n~c ~r pcK~cA~cs under dds ~.~ You ~ ~ a ~ Y~ ~ ~ ~lc for ~t ~ Wc ~Yat ~ ~mc ~ ~ur AccOUnL ~g ~ duc on m~ ~counq ~ ~cnt or our ~ or obl~fiom under FIRSTUSA~ M-24275 7/9,~ 9.90NAF. M PFUSA (.'}CC CERTIFICATE OF ASSIGNMENT corporation. , hereby depose and state that: of Refinance America, Ltd., a Nevada As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so, regarding. Customer Name: Original Creditor & No: Kenneth B. Myers SSN 178-66-2257 First Card# 4366 1330 5262 9002 This account has been purchased by Refinance America, Ltd., from the original creditor, First Card, for good and valuable consideration, with a past due balance of $7,060.63, with payments credited in the amount of $700.00 leaving a remaining balance of $6,360.63. Al~er reasonable investigation, there are no uncredited payments, just counterclaims or offsets against such debt, and no timely allegations of nnanthoHzed use of the credit card underlying the account. Sworn and subscribed to before me this [yday of VERIFICATION I, (/,t.I ~ ,C..; i/ LG¥{I~ , hereby depose and state that: and a duly authorized representative of the plaintiff; as such, I am authorized to give this Verification, and possess sufficient personal knowledge to do so; the factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that Kenneth B. Myers SSN 178-66- 2257, owes the principal balance of $6,360.63 on Frist Card account number 4366 1330 5262 9002, which balance is due and unpaid as of the date of the execution of this Verification. I hereby verify and certify that the foregoing statements rriade by me are true and correct to the best of my ability and recollection. I am aware that if any of the foregoing are willfully false, I am subject to punishment. Dated: ~. !~., ~.l (Print Name & Title) By: Robert M. Reibstein, Esquire, being duly sworn and according to law, deposes and says ~e he is the attorney for Plaintiff herein namexl; that he makes this affidavit being authorized to do so; that he is acquainted with the fa~s set forth herein; and that said facts are true and correct to the best of his knowledge, inform~fion and belief. Robert M. Reibstein, Esquire Attorney for Plaintiff swo~ ~o ~ strsscms~ ~s ,~^¥ o~ Ic N~ ~ ~ L T~n, No~ Pu~ ~ ~ ~m, Montgo~ C~ ~ mi~t~ Ex.es June 9, 200~ - _~ Robert M. Reib~tein, F.~q~ire, being duly sworn and according to law, deposes and says the he is the attorney for Plaintiff herein n~med; that he makes this affidavit being authorized to do so; thnt he is acquainted with the facts set forth herein; and that said facts are true and correct to the best of his knowledge, inform~fi0n and belief. Robert M. Reibs~eia, E~luim Attorney for P/a/nt/ff SWORN TO AND SUBSCRIBED ~eJ~dra LTrudgeon, Notary Public ~ Bom, Montgomery Co~JntY5 ) Ission Expires June 9, 200 ~OTAR¥ PUBLf(~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-03724 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REFINANCE AMERICA LTD VS MYERS KENNETH B ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MYERS KENNETH B the DEFENDANT , at 2000:00 HOURS, at 14 PINE HILL AVENUE on the 20th day of ~ugust , 200~2 MECHANICSBURG, PA 17050 KENNETH MYERS by handing to 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 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before So Answers: R. Thomas Kline 08/21/2002 ROBERT REIBSTEIN ~eputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-03724 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REFINANCE AMERICA LTD VS MYERS KENNETH B ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MYERS NANCYthe DEFENDANT at 2000:00 HOURS, on the 20th day of August at 14 PINE HILL AVENUE 2002 MECHANICSBURG, PA 17050 KENNETH MYERS by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ~~-~ ~ A.D. ro~honotary So Answers: R. Thomas Kline 08/21/2002 ROBERT REIBSTEIN Deputy She~if f REFINANCE AMERICA, LTD, : IN THE COURT OF COMMON PLEAS OF Assignee of First USA Bank, N.A. : CUMBERLAND COUNTY, PENNSYLVANIA fka FIRST CARD, VS. Plaintiff KENNETH B. MYERS and NANCY MYERS, Defendants · NO. 02-3724 · CIVIL ACTION PRELIMINARY OBJECTIONS AND NOW comes Yoffe & Yoffe, P.C., by Norman M· Yoffe, Esquire and files the following Preliminary Objections on behalf of Defendants: PRELIMINARY OBJECTION RELATING TO PLEADING BEING CONTRARY TO LAW 1. The pleading indicates that any dispute is to be resolved by arbitration governed by the Federal Arbitration Act found at 9 U.S.C. §1-16. 2. The Complaint fails to state whether the cause of action is based upon a writing and if so, fails to attached a copy thereof to the Complaint, contrary to Pa.R.C.P. 10%9(d). WHEREFORE, Defendants request that the Complaint be dismissed. PRELIMINARY OBJECTION IN THE NATURE OF A REQUEST FOR A MORE SPECIFIC COMPLAINT 3. The Complaint in the caption names both Kenneth B. Myers and Nancy Myers as Defendants, as well as in Paragraph 2 thereof. However, the Complaint only avers that a single Defendant was issued the credit card and that a single Defendants is only liable, which is consistent with the WHEREFORE clause which asks for a judgment only against a single Defendant, but in all of these cases, fails to identity this single Defendant. 4. The Complaint speaks of an "agreement" but nowhere is there attached a coy of any signed document by either Defendant. WHEREFORE, Defendants request that the Court Order Plaintiff to file a more specific Complaint. myers, nancy\objections YOFFE & YOFFE, P.C. NORMAig M. YOFFE, ESQUIRE Attorney for Defendants 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 REFINANCE AMERICA, LTD, : IN THE COURT OF COMMON PLEAS OF Assignee of First USA Bank, N.A. : CUMBERLAND COUNTY, PENNSYLVANIA fka FIRST CARD, VS. Plaintiff KENNETH B. MYERS and NANCY MYERS, Defendants : NO. 02-3724 : CIVIL ACTION VERIFICATION I, Nancy Myers, being one of the Defendant, hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing ~"~e ~rue to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: - ~°o