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HomeMy WebLinkAbout08-5788b/ - Our File No.: 184354 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff PINNACLE CREDIT SERVICES LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. DAVID J MOORE 244 MEALS DR CARLISLE, PA 17015-3183 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. d f- S-7fy e/l Xi ' l -Tk (rrn 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. 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 i Our File No.: 184354 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff PINNACLE CREDIT SERVICES LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. DAVID J MOORE 244 MEALS DR CARLISLE, PA 17015-3183 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0&" S,) 8V CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is PINNACLE CREDIT SERVICES LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are DAVID J MOORE, an adult individual residing at 244 MEALS DR CARLISLE, PA 17015-3183. 3. Plaintiff, PINNACLE CREDIT SERVICES LLC, is the Assignee and Successor in Interest of Account #4800113013726935; and said account was issued to Defendant(s) by BANK OF AMERICA, the Original creditor. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $2,052.53. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,052.53 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER &?AScOCIATES, P.C. A Law Firm Endaaed/in Debt Collection BY: Dated: 9/22/2008 David J. A4oKaker, Esquire Our File No.: 184354 VERIFICATION David J. Apothaker, Esquire 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 falsification to authorities. David J. Apd hq er, Esquire Attorney for Plaintiff DATE: 9/22/2008 PINNACLE CREDIT SERVICES LLC DAVID J MOORE 244 MEALS DR CARLISLE, PA 17015-3183 STATEMENT OF ACCOUNT Debtor's Name: DAVID J MOORE Account Number: 4800113013726935 Original Creditor: BANK OF AMERICA Balance Due: $2,052.53 Our File No.: 184354 EXHIBIT "A" C7 ^' CTi ill v ? .e. ?s 1? SHERIFF'S RETURN - REGULAR CASE NO: 2008-05788 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PINNACLE CREDIT SERVICES LLC VS MOORE DAVID J MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MOORE DAVID J the DEFENDANT at 244 MEALS DR at 0014:05 HOURS, on the 3rd day of October , 2008 was served upon by handing to CARLISLE, PA 17015-3183 CHRISTINE MOORE WIFE OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge IV//vof 4 18.00 5.00 .00 10.00 .00 33.00 Sworn and Subscibed to before me this day So Answers R. Thomas Kline 10/07/2008 APOTHAKER & ASSOCIATES By: Deputy er'ff of A. D. PINNACLE CREDIT SERVICES, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW 2008 - 5788 CIVIL TERM DAVID J. MOORE, Defendant NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. IRWIN & McKNIGHT C YY - Two/ ~ e / I i^z z A 'ft. Douglas 1G. Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, David J. Moore Date: November 6, 2008 PINNACLE CREDIT SERVICES, LLC, Plaintiff V. DAVID J. MOORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2008 - 5788 CIVIL TERM ANSWER TO PLAINTIFF'S COMPLAINT AND NOW this 5t' day of November, 2008, comes the Defendant, David J. Moore, by and through his attorneys, Irwin & McKnight, and respectfully files this Answer with New Matter to the Plaintiff's Complaint, and in support thereof aver as follows: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph one (1) so they are therefore specifically denied and strict proof thereof is demanded at trial. 2. The averments of fact contained in paragraph two (2) of the Plaintiff's Complaint are admitted. 3. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph three (3) so they are therefore specifically denied and strict proof thereof is demanded at trial. 4. The averments contained in paragraph four (4) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 2 5. The averments contained in paragraph five (5) are admitted in part and denied in part. It is admitted that Defendant's account is in default, but the remaining averments in paragraph five (5), including any inference that the balance amount claimed is owed, are specifically denied and strict proof thereof is demanded at trial. 6. The averments contained in paragraph six (6) are admitted in part and denied in part. It is admitted that Defendant's account reflects the payments that he made, but the remaining averments in paragraph six (6), including any inference that the balance amount claimed is owed, are specifically denied and strict proof thereof is demanded at trial. 7. The averments contained in paragraph seven (7) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant contacted Plaintiff to explain his financial difficulties, and requested that Plaintiff continue to send statements and allow Defendant to work out a repayment plan. Plaintiff initially indicated that it would work with Defendant, but subsequently stopped sending monthly statements so that additional payments could be made by Defendant. WHEREFORE, the Defendant, David Moore, respectfully requests this Honorable Court to enter a judgment in his favor and against Plaintiff in this matter, together with reasonable costs, and such other and further relief as this Court deems just. NEW MATTER 8. The averments of fact contained in the Answers to the Complaint are hereby incorporated by reference and are made part of this New Matter to the Plaintiff's Complaint. 3 9. Defendant specifically requested that monthly statements continue to be sent to him in order to continue making payments on his account. 10. Plaintiff and/or its predecessor have failed and refused to send monthly statements to Defendant so that he could continue to pay on the purported debt. 11. As a direct result of the refusal by Plaintiff and/or its predecessor to send monthly statements to Defendant so that he could continue to pay on the purported debt, it is believed and therefore averred that penalties and interest wrongly continued to accrue on the purported debt. 12. Defendant often used the consumer credit in order to pay for his prescriptions and medical expenses not covered by insurance. 13. Plaintiff's Complaint therefore fails to state claims or causes of action upon which relief can be granted. 14. All or a portion of Plaintiff s claims may therefore be barred by the defense of the applicable statute of limitations. 15. All or a portion of Plaintiffs claims may therefore be barred by the defense of laches. 16. All or a portion of Plaintiffs claimed damages are attributable to persons and/or causes other than Defendant. 4 17. Plaintiffs claims may be barred and/or limited by Plaintiffs failure to mitigate or to properly mitigate its damages. WHEREFORE, the Defendant, David Moore, respectfully requests this Honorable Court to enter a judgment in his favor and against Plaintiff in this matter, together with reasonable costs, and such other and further relief as this Court deems just. Respectfully Submitted, IRWIN & McKNIGHT By: Douglas M' er, Esquire Supreme ?ourt ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Dated: November 5, 2008 David Moore 5 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. 6-C G D I MOORE Date: 11/5/08 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Date: November 5, 2008 IRWIN & McKNIGHT Dou as G. iller, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant, David Moore N Our file No.: 184354 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff PINNACLE CREDIT SERVICES LLC Plaintiff, vs. DAVID J MOORE Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 08-5788 Civil Action ANSWER TO NEW MATTER Plaintiff, PINNACLE CREDIT SERVICES LLC, by and through their attorney, answers the following New Matter: 8. No responsive pleading is required. 9. - 12. Denied. After reasonable investigation, answering Plaintiff is without knowledge or information sufficient to form a belief as to the truth or veracity of the averment set forth in Paragraphs 9 - 12 and strict proof is demanded. 13. Denied. Plaintiffs Complaint brings a valid Cause of Action against Defendant. 14. Denied. Plaintiffs claim is not barred by the applicable Statute of Limitations. 15. Denied. Plaintiffs claim is not barred by the Doctrine of Laches 16. Denied. Defendant owes the amount claimed in the Complaint 17. Denied. Plaintiff has not breached its duty to mitigate. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Atto eys for Plaintiff A Law Firm gaged in Debt Collection BY: W. Felzer, Esquire DATED: December 15, 2008 U VERIFICATION Jordan W. Felzer Esquire 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 Answer to New Matter 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 unsworn falsification to authorities. Jorn W. Felzer, Esquire Attey for Plaintiff DATE: December 15, 2008 Our file No.: 184354 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff PINNACLE CREDIT SERVICES LLC Plaintiff, vs. DAVID J MOORE Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 08-5788 Civil Action CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on December 15, 2008, I mailed a copy of the Answer to New Matter by Regular mail to IRWIN & MCKNIGHT ATTN: DOUGLAS G MILLER ESQ 60 WEST POMFRET STREET WEST POMFRET PROFESSIONAL CARLISLE, PA 17013 J G W. Felzer, Esquire y for Plaintiff Date: December 15, 2008 ?,a, .,??, ?:-?? . . S..tS ? ?? t..rq ,? p.. ? "? ?? ; ??.,? pv ti?? :?:? t _. _. ? Our File No.: 184354 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 PINNACLE CREDIT SERVICES LLC Plaintiff, vs. DAVID J MOORE 6 'E L ??("? H in 0T A `- Q I SEP 12 AH 11: CUMBERLAND COUNT"" PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-5788 Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & Aqinebt IATES, P.C. Attorneys ntiff A Law Firm Engage Collection By: David J. Apot aker, Esquire Dated: 9/6/2011 11111"U'llim"1111lll11