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Home My WebLink About08-2749. Our File No.: 15 5090 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff PROFESSIONAL INVESTMENT AND FINANCES LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. GARY L JACKSON 24 FIELD STONE DR MECHANICSBURG, PA 17050-1725 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: b$- a'749 0'-"'i(-TWM 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.# 38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff PROFESSIONAL INVESTMENT AND FINANCES LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Of-;? 77VY GARY L JACKSON 24 FIELD STONE DR MECHANICSBURG, PA 17050-1725 Defendant. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, PROFESSIONAL INVESTMENT AND FINANCES LLC, is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is GARY L JACKSON, an adult individual residing at 24 FIELD STONE DR MECHANICSBURG, PA 17050-1725. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiffs records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $6,504.05. 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is CHASE MANHATTAN BANK. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $6,504.05 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney f aintiff A Law Firm Enea ed i Debt Collection BY: Dated: 4/10/2008 David Our File No.: 155090 VERIFICATION David J. Apothaker, Esg . 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 relating to unswornblsification to authorities. David J. Attorney DATE: 4/10/2008 PROFESSIONAL INVESTMENT AND FINANCES LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 GARY L JACKSON 24 FIELD STONE DR MECHANICSBURG, PA 17050-1725 STATEMENT OF ACCOUNT Debtor's Name: GARY L JACKSON Account Number: 4226610851153896 Original Creditor: CHASE MANHATTAN BANK Balance Due: $6,504.05 Our File No.: 155090 EXHIBIT "A" Ic b i 0 09 cu SHERIFF'S RETURN - REGULAR CASE NO: 2008-02749 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROFESSIONAL INVESTMENT AND VS JACKSON GARY L KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JACKSON GARY L the DEFENDANT , at 1947:00 HOURS, on the 14th day of May , 2008 at 24 FIELD STONE DRIVE MECHANICSBURG, PA 17050 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 10.00 Affidavit .00 Surcharge 10.00 0 00 3 8 . 0 0 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 05/15/2008 APOTHAKER & ASSOCIATES By. epu y Sh i f A. D. Lawrence J. Rosen, Esquire KREVSKY & ROSEN 1101 North Front Street Harrisburg, PA 17102 717-234-4583 PROFESSIONAL INVESTMENT AND COURT OF COMMON PLEAS FINANCES, LLC, CUMBERLAND COUNTY Plaintiff, V. Gary L. Jackson, Defendant. Docket No.: 08-2749-CIVIL TERM DEFENDANT'S PRELIMINARY OBJECTION FILED BY GARY L. JACKSON AND NOW COMES Defendant, by and through his counsel, and files these Preliminary Objections pursuant to Pa.R.C.P. 1019, Pa.R.C.P. 1024, and the following: 1. 2. 3. 4. It. INTRODUCTION Plaintiff commenced the above-captioned action in this Honorable Court by filing a civil Complaint on or about April 29, 2008. Plaintiff seeks damages pursuant to a credit card agreement with Chase Manhattan Bank, a signed copy of the agreement is not attached to the Complaint. Plaintiff is an assignee of Chase Manhattan Bank and did not attach a copy of the written assignment and/or the chain of title that applies to the alleged debt. Plaintiff demands the amount of $6,504.05, which includes interest, fees and costs. See Complaint at Paragraph 7 of the Complaint. LEGAL ARGUMENT 5. The alleged consumer debt in question involves a credit card agreement between the Defendant and a third party, Chase. (Hereinafter Agreement) 6. There is no copy of the Agreement, signed by Defendant, attached to Plaintiff's Complaint. 7. Plaintiff attached a self-serving document from its internal records which does not validate, verify or otherwise, provide evidence that Defendant owes the amount alleged by the Plaintiff. 8. Further, Plaintiff failed to provide documentation as to the last payment made by Defendant, and Defendant believes that this Action is time-barred. 9. Pennsylvania law requires that Plaintiff have a valid assignment of the alleged debt prior to having authority to collect same. 18 Pa.C.S. §731 l(a)(1) and (2). 10. Plaintiff failed to attach any written documents to its Complaint that would show it has authority to collect the alleged debt. 11. Pennsylvania law requires Plaintiff to have proper documentation in order to collect interest, fees and/or costs. 18 Pa.C.S. §731 l (b)(1). 12. Plaintiff failed to attach any written documents to its Complaint that would show it has authority to collect interest, fees and/or costs. 13. Plaintiff's Complaint is time-barred since the last payment was made over 4 years and as such, the account was in default for more than 4 years prior to Plaintiff bringing this Action. 14. Plaintiff failed to afford Defendant the opportunity to dispute the alleged debt, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. 15. Plaintiff failed to afford Defendant any rights in the collection of the alleged debt, pursuant to 15 U.S.C. § 1692 et seq., as well as Pennsylvania Fair Credit Extension I ? f Uniformity Act, 73 P.S. §2270 et seq. 16. The Plaintiff's Complaint should be dismissed because Plaintiff s Complaint is based on various written documents, not attached to the Complaint. 17. The Plaintiff s Complaint lacks subject matter jurisdiction over the Defendant because the Defendant does not owe any monies to the Plaintiff and Plaintiff has yet to prove that it stands in the position as the original creditor. 18. Plaintiff s Complaint fails to conform to Pa.R.C.P. 1019. 19. Plaintiff's Complaint fails to conform to Pa.R.C.P. 1024. 20. Plaintiff failed to provide sufficient information to verify its Complaint. 21. Damages alleged by the Plaintiff are inaccurate and unlawful and not owed by the Defendant. 22. Plaintiff suffered no ascertainable loss of money or property. 23. Plaintiff has no standing to bring this Action. 24. Plaintiff is not entitled to recover attorney fees and costs. 25. Plaintiff is time-barred from bringing this action. 26. Defendant requests that Plaintiff provide proof as to how the alleged debt was calculated. WHEREFORE, the Defendant respectfully requests that this Honorable Court, DISMISS Plaintiffs complaint with prejudice. Dated: 6/2/08 By: /s/Lawrence J. Rosen Krevsky & Rosen, attorneys for Defendant 1101 North Front Street Harrisburg, PA 17102 717-234-4583 46 N Certificate of Service: I hereby certify that a true and correct copy of the foregoing was served on attorney for the Plaintiff via U.S. First Class Mail as follows: David J. Apothaker, Esquire 2417 Welsh Road, Suite 21 #250 Philadelphia PA 19114 Dated: 6/2/08 By:/ /Lawrence J. Rosen ?,? ?1 i:- ry ? ,_' 4. n „1 G.. } ?? jam` Ai._ <?',,y y' 1 ? is F??J „; .1,.. _ ?? ? w'? ?Tt' f _ I r""' '.X.y. ?..t;.. ?-?? Lawrence J. Rosen Attorney for Defendant/Petitioner 1101 North Front Street Harrisburg, PA 17102 717-234-4583 PROFESSIONAL INVESTMENT AND FINANCES, LLC, Plaintiff/Respondent V. Gary L. Jackson Defendant/Petitioner. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No.: 08- 2749 Civil Term DEFENDANT' PETITION FOR RULE TO SHOW CAUSE ORDER AND NOW, this _ day of July, 2008, comes the Defendant/Petitioner, by and through his/her attorney, and respectfully requests that this Honorable Court issue a Rule upon Plaintiff/Respondent, to Show Cause pursuant to Cumberland County L.R. 206.4, Pa.R.Civ.P. 208.3(a) and submits the following in support hereof: 1. Plaintiff/Respondent filed a Complaint against the Defendant/Petitioner on April 29, 2008. 2. The basis of the suit is for an alleged debt, pursuant to a credit card agreement with Chase Manhattan Bank. Plaintiff is an assignee of Chase Manhattan Bank and did not attach a copy of the written assignment and/or the chain of title that applies to the alleged debt. 3. Further, Plaintiff/Respondent failed to demonstrate that it has the legal authority to collect the debt and/or to file suit against the Defendant/Petitioner, pursuant to 18 Pa.C.S. §7311 et seq. 4. The Plaintiff/Respondent failed to demonstrate how the alleged debt was calculated and failed to provide the Defendant/Petitioner an opportunity to dispute the alleged debt pursuant to federal law, 15 U.S.C. §1692 et seq., also known as the Fair Debt Collection Practices Act. 5. Defendant/Petitioner filed Preliminary Objections on June 3, 2008. More than twenty (20) days passed since service has been made and to date, the Plaintiff/Respondent failed to file/serve a response to the Preliminary Objections. 6. Plaintiff/Respondent should be required to Show Cause as to why the Preliminary Objections should not be granted and judgment entered in favor of the Defendant/' Petitioner. 7. Pursuant to Pennsylvania Rule of Court 206.5(b), a proposed Order in the form prescribed by subparagraph (d) of the Rule is attached hereto. WHEREFORE, Defendant/Petitioner respectfully requests that this Honorable Court issue a Rule to Show Cause upon Plaintiff/Respondent to show cause as to why the Preliminary Objections to the Complaint should not be granted and judgment be entered in favor of the Defendant/Petitioner Dated: 7/22/08 By: /s/ aw en??ce J. Rosen Krevsky & Rosen, attorneys for Defendant 1101 North Front Street Harrisburg, PA 17102 717-234-4583 Certificate of Service: I hereby certify that a true and correct copy of the foregoing was served on attorney for the Plaintiff via U.S. First Class Mail as follows: David I Apothaker, Esquire 2417 Welsh Road, Suite 21 #250 Philadelphia PA 19114 Dated: 7/22/08 By:/s/ &a_osen C-`. !?.3 C.` r " - ? ?7 G.... ? `. `:.M ?-? ? -?-, ?• _ ? - ??" =? • • ?? :'AI ?-,.,) Our File No.: 155090 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff PROFESSIONAL INVESTMENT AND ) FINANCES LLC ) Plaintiff, ) vs. ) GARY L JACKSON ) Defendant. ) FiLEO-UF ICE i9== .r HE PROTHONOTAR Y 2011 JUL 13 PM 1: 4 4 'CUMBERLAND COUNT' PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-2749 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys f P aintiff A Law Firm Enga ed i Debt Collection By: David )?Apothaker, Esquire Dated: 7/5/2011