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Home My WebLink About08-3576IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES ACQUISITION XVI, LLC ASSIGNEE OF CENTURION CAPITAL CORP. ASSIGNEE OF CAPITAL ONE ASSIGNEE OF MBNA 210 SYLVAN AVENUE ENGLEWOOD CLIFFS NJ 07632 Plaintiff vs ROBERT L LAMOREAUX 850 YVERDON DR CAMP HILL PA 17011 Defendant(s) Filed on behalf of: No. - 3 S 7 , c?rv CIVIL ACTION - LAW Plaintiff, PALISADES ACQUISITION XVI, LLC Counsel of record for this party: Date: Ax-bew Amy F. Doyle #8706 Philip C. Warholic #86341 / David R. Galloway #87326 / Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff Cover - GENERAL File No. 153092590 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES ACQUISITION XVI, LLC : ASSIGNEE OF CENTURION CAPITAL CORP. : No. ASSIGNEE OF CAPITAL ONE ASSIGNEE OF MBNA Plaintiff : CIVIL ACTION - LAW vs ROBERT L LAMOREAUX Defendant(s) 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 an 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 or any other claim or relief requested by the Plaintiff. You may lose money or property 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 CCP Notice to Defend File No. 153092590 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES ACQUISITION XVI, LLC ASSIGNEE OF CENTURION CAPITAL CORP. :No. g', 3 5 7 v ASSIGNEE OF CAPITAL ONE : ASSIGNEE OF MBNA Plaintiff : CIVIL ACTION - LAW vs ROBERT L LAMOREAUX Defendant(s) N TICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 CCP Notice to Defend File No. 153092590 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES ACQUISITION XVI, LLC ASSIGNEE OF CENTURION CAPITAL CORP. : No. d ?- 35 76 ASSIGNEE OF CAPITAL ONE : ASSIGNEE OF MBNA Plaintiff : CIVIL ACTION - LAW vs ROBERT L LAMOREAUX Defendant(s) COMPLAINT AND NOW, comes the Plaintiff, by and through its attorneys and the law firm of Wolpoff & Abramson, L.L.P., and files this Complaint and in support avers as follows: 1. Plaintiff is PALISADES ACQUISITION XVI, LLC ASSIGNEE OF CENTURION CAPITAL CORP. ASSIGNEE OF CAPITAL ONE ASSIGNEE OF MBNA , located at 210 Sylvan Avenue Englewood Cliffs, NJ 07632. 2. Defendant, ROBERT L LAMOREAUX, is an adult individual with a last known address of 850 Yverdon Dr Camp Hill, Cumberland County, PA 17011. 3. It is averred that Defendant was issued an open end credit account (hereinafter "Account"). CCP Cmplt - WOR 4 File No. 153092590 4. At all relevant times material hereto, Defendant has been regular users of said Account for the purchase of products, goods and/or for obtaining services. 5. Defendant was provided with copies of the Statement of Accounts showing all debits and credits for transactions on the aforementioned credit card account to which there was no bona fide objection by Defendant. A true and correct copy of the Statement of Account is attached hereto, incorporated herein and marked as Exhibit "A". 6. Defendant did not object to the above-mentioned statement submitted by Plaintiff and/or its assignors to Defendant. 7. As of the date of this Complaint, the remaining balance due, owing and unpaid on Defendant's credit card account as a result of the charges made by said Defendant and/or any authorized users is the sum of $7,350.10. 8. Interest has accrued from the charge off date at a rate of 6 %. 9. As of the date of the filing of this Complaint, the amount of interest which has accrued is the sum of $837.31. 10. As of the filing of this Complaint, Plaintiff has incurred reasonable attorney's fees from the law office of Wolpoff & Abramson, L.L.P. in the collection of the amounts due from Defendant incident to the within action based upon 20% of the principal amount due and owing, and Plaintiff shall continue to incur such attorney's fees through the conclusion of the proceedings. 11. The amount of attorney's fees which has accrued is the sum of $1,470.02. 12. Despite reasonable and repeated demands for payment, Defendant has refused and continues to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 13. Plaintiff performed any and all conditions precedent to the bringing of this action. CCP Cmplt - WOR File No. 153092590 14. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. CCP Cmplt - WOR File No. 153092590 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant in the amount of $7,350.10, plus interest in the amount of $837.31, plus attorney's fees in the amount of $1,470.02, plus costs of this action and any other relief as this Court deems just and reasonable. Respectfully Submitted, Date: Amy F. Doyle #87062 / P clip C. Warholic #86341 / David R. Galloway #87326 / Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff CCP Cmplt - WOR 7 File No. 153092590 VERIFICATION The undersigned hereby states that they are the attorney for the Plaintiff who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, they are authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Pleading are true and correct to the best of their knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Amy F. Doyle #87062 / Philip C. Warholic #86341 / David R. Galloway #87326 / Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff CCP Cmplt - WOR File No. 153092590 Exhibit "A" ACCOUNT# _7046 CLIENT# 001969 ACCT BALANCE 7,350.10 LPYMT DT 9/02/04 OPEN DT 05/12/94 CHRG OFF DT 04/29/05 PURCHASE DT 12/08/05 *CC2-DEBT-NAME *CC2-DEBT-SALUT*CC2-DEBT-ALIAS LAMOREAUX,ROBERT L *CC2-DEBT-ADDR *CC2-DEBT-CITY-ST *CC2-DEBT-ZIP*CC2-DEBT-PHONE 850 YVERDON DR CAMP HILL,PA 17011 7177618236 *CC2-DEBT-FAX*CC2-DEBT-SSN *CC2-RFILE-NR*CC2-DEBT-DOB*CC2-DEBT-DRIVERS-LIC XXX-XX-9801 *CC-REC-TYPE*CC-FILENO *CC-FORW-FILE *CC-MASCO-FILE *CC-FORW-ID 01 0200443322 046 MD16 CENT *CC-FIRM-ID*CC1-DATE-FO CC1-LIST-FORW*CC1-COMM*CC1-SUIT-FEE*CC1-ORIG-AMT-OUT XLLP 12/15/05 .00 7,350.10 *CC1-INT-AMT-OUT*CC1-ORIG-INT-DATE*CC1-CRED-NAME .00 09/02/04 MBNA America Bank N A *CC1-CRED-NAME2 *CC1-CRED-ADDR *CC1-CRED-CITY-ST MBNA America Bank, N.A. *CC1-CRED-ZIP*CC1-BAL-AMT-OUT*CC1-TYPE*CC1-LPAY-DATE*CC1-LPAY-AMT-OUT 0000000735010 09/02/04 165.00 a jl? Q 0 s- V) cl, 42 1°J SHERIFF'S RETURN - REGULAR CASE NO: 2008-03576 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PALISADES ACQUISITION XVI LLC VS LAMOREAUX ROBERT L SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE LAMOREAUX ROBERT L was served upon the DEFENDANT , at 0017:56 HOURS, on the 18th day of June 2008 at 850 YVERDON DRIVE CAMP HILL, PA 17011 by handing to ROBERT LAMOREAUX DEFENDANT 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 15.00 Affidavit .00 Surcharge 10.00 Postage .42 L/ ?i/0 P?, ? 43.42- Sworn and Subscibed to before me this day of , So Answers: R. "Thomas Kline 06/19/2008 WOLPOFF & A ON G By: Deputy Sheriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES ACQUISITION XVI, LLC ASSIGNEE OF CENTURION CAPITAL CORP. ASSIGNEE OF CAPITAL ONE ASSIGNEE OF MBNA, Plaintiff No. 08 - 3576 Civil Term VS. , ROBERT L. LAMOREAUX, Defendant CIVIL ACTION - LAW AFFIDAVIT OF SERVICE Robert L. Lamoreaux, the Defendant, does hereby state, swear, and affirm that an Answer and New Matter in the afore captioned action was mailed to Plaintiff's counsel, addressed to: Amy F. Doyle, Esq. Wolpoff & Abramson, L.L.P. 4660 Trindle Road, Suite 300 Camp Hill, Pennsylvania 17011 by depositing the same in the United States Mail, postage paid, at the Camp Hill Post Office on July 2, 2008. Date: July 2, 2008 Robert L. Lamoreaux Pro Se 850 Yverdon Drive Camp Hill, PA 17011-1850 (717) 761-8236 w 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES ACQUISITION XVI, LLC ASSIGNEE OF CENTURION CAPITAL CORP. : ASSIGNEE OF CAPITAL ONE ASSIGNEE OF MBNA, Plaintiff No. 08 - 3576 Civil Term VS. ROBERT L. LAMOREAUX, Defendant CIVIL ACTION - LAW ANSWER AND NEW MATTER COMES NOW the Defendant, Robert L. Lamoreaux, pro se, and files this Answer and New Matter to Plaintiff's Complaint and states and avers as follows: ANSWER TO PLAINTIFF'S COMPLAINT 1. Neither admitted nor denied. Defendant has insufficient information to admit or deny Plaintiff's allegation in Paragraph Number 1 of its Complaint. More specifically, Defendant can neither admit nor deny that Plaintiff is an Assignee of Centurion Capital Corp., Capital one, and/or MBNA. Further, Plainfiff has insufficient information to admit or deny Plaintiff's address as given in the afore mention Paragraph 1 of its Complaint. 2. Admitted. 3. Neither admitted nor denied. Plaintiff's allegation in Paragraph Number 2 of its Complaint lacks specificity. Strict Proof of Plaintiff's allegation is demanded. 4. Neither admitted nor denied. Plaintiffs allegation in Paragraph Number 3 of its w ? Complaint lacks specificity. Strict proof of Plaintiff's allegation is demanded. 5. Admitted in part, denied in part. Defendant admits that he has, from time to time, been provided with statements of various credit accounts. Defendant specifically denies that Plaintiff's Exhibit "A", attached to and incorporated in Plaintiffs Complaint, is a Statement of Account. 6. Admitted in part, denied in part. Defendant admits that he did not object to the Statement of Account specifically shown as Plaintiff's Exhibit A. Defendant specifically denies having seen or been provided with a copy of Plaintiff's Exhibit A until served with Plaintiff's Complaint. 7. Denied. Strict proof of Plaintiff's allegation is demanded. 8. Denied. Strict proof of Plaintiff's allegation is demanded. 9. Denied. Strict proof of Plaintiff's allegation is demanded. 10. Neither admitted nor denied. Defendant has no information regarding the terms of any contract or agreement entered into between Plaintiff and its counsel. Strict proof of Plaintiff's allegation is demanded. 11. Neither admitted nor denied. Defendant has no information regarding the amount of time Plaintiff has been charged by its attorney nor the hourly rate charged by said attorney. Strict proof of Plaintiff's allegation is demanded. 12. Denied. Strict proof of Plaintiff's allegation is demanded. 13. Neither admitted nor denied. Defendant has no information regarding any conditions precedent imposed upon the Plaintiff to the bringing of this action. To the extent that any said conditions precedent exist and that Plaintiff has complied with same, strict proof is demanded. 14. Admitted. 2 -ti New Matter Defendant, in support of his New Matter, states and avers as follows: 15. Plaintiffs action is barred by the Statute of Frauds. Plaintiff has failed to provide any writing or executed agreement or contract between Defendant and Plaintiff's assignees. 16. Plaintiffs action is barred by the Statute of Limitations. 17. Plaintiff alleges in Paragraph 8 of its Complaint that the account that is the subject of this action was subject to a "charge off'. 18. Plaintiff or its assignees received value for the alleged debt in the form of tax losses as well as the sale of the alleged assignment "charged off"to which Defendant is entitled to credit if Plaintiff prevails in its action. WHEREFORE, Defendant respectfully prays this Honorable Court to DISMISS Plaintiff's complaint with prejudice and to enter judgment in his favor. Date: July 1, 2008 Respectfully submitted, Robert L. %Pro Se 850 Yverdon Drive Camp Hill, Pennsylvania 17011-1850 Telephone: (717) 761-5706 3 VERIFICATION The undersigned Defendant swears, affirms and verifies that the Answers and averments made in the New Matter in response to plaintiff's Complaint are true and correct to the best of his knowledge and belief. The undersigned Defendant understands and acknowledges that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: July 1, 2008 4' Robert L. Lamoreaux, Defendant 4 CA) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES ACQUISITION XVI, LLC ASSIGNEE OF CENTURION CAPITAL CORP., ASSIGNEE OF CAPITAL ONE, ASSIGNEE OF MBNA, Plaintiff VS ROBERT L. LAMOREAUX, Defendants(s), No. 08-3576 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respectfully submitted, Date: t_ Am F C. Warholic #86341 / David R. G a #87326 ah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Mann Bracken LLC The Successor by Merger to Wolpoff & Abramson, L.L.P. and Eskanos & Adler, P.C. 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES ACQUISITION XVI, LLC ASSIGNEE OF CENTURION CAPITAL CORP., ASSIGNEE OF CAPITAL ONE, ASSIGNEE OF MBNA, Plaintiff VS ROBERT L. LAMOREAUX, Defendants(s), No. 08-3576 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing praecipe was served this date by Regular Mail, Postage Pre-Paid on this t?4 day of 0__A0VZ_q_''-N , 2006 ROBERT L. LAMOREAUX 850 YVERDON DR CAMP HILL, PA 17011 A i C. Warholic #86341 / DaviW Gallo y #87326 / S E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Mann Bracken LLC The Successor by Merger to Wolpoff & Abramson, L.L.P. and Eskanos & Adler, P.C. 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff ? ? .?? c? J ? ? ` ? ? - -n v _. f°' "tJ _. ` ..+e.. ?. ,,+' ? _ , _ r ? ?_