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HomeMy WebLinkAbout08-7551Our File No.: 194784 APOTHAKER & ASSOCIATES, P.C. BY: Pavid J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. XENOFONSKABOULOS 195 HICKORY RD CARLISLE, PA 17015 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 03 - 1551 /?? C.... i v i l TGr'14 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 5& - 4r Our File No.: 194784 APOTHAKER & ASSOCIATES, P.C. t BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. XENOFONSKABOULOS 195 HICKORY RD CARLISLE, PA 17015 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY 75?? T,r NO.. Of CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is AMERICAN EXPRESS CENTURION BANK c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are XENOFON SKABOULOS, an adult individual residing at 195 HICKORY RD CARLISLE, PA 17015. 3. At the special instance and request of Defendant, Plaintiff, AMERICAN EXPRESS CENTURION BANK, issued to Defendant(s), Account #3723-508930-81009. 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 $10,676.20. 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. ,J WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum o , $10,676.20 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTH)=R AJinl) CIATE C. Attorn finti A Law Firm En age Collection BY: Dated: 12/22/2008 David J. Apotdhaker, Esquire Our File No.: 194784 ! ` . 4r L , VERIFICATION David J. Apothaker, Esquire, Esq. 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 bed eq The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4,404 }relating to unsworn falsification to authorities. David J. Apothake'r, Esquire Attorney for Plaintiff DATE: 12/22/2008 AMERICAN EXPRESS CENTURION BANK XENOFON SKABOULOS 195 HICKORY RD CARLISLE, PA 17015 STATEMENT OF ACCOUNT Debtor's Name: XENOFON SKABOULOS Account Number: 3723-508930-81009 Balance Due: $10,676.20 Our File No.: 194784 EXHIBIT "A" * 00 r7 ? rij 71 RJ ti f?' ? CASE NO: 2008-07551 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN EXPRESS CENTURION VS SKABOULOS XENOFON NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SKABOULOS XENOFON the DEFENDANT , at 2100:00 HOURS, on the 8th day of January , 2009 at 195 HICKORY ROAD CARLISLE, PA 17015 by handing to XENOFON SKABOULOS 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 Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 _0:?,i?????C ?.? 4.50 ' .00 10.00 R. Thomas Kline .00 32.50 01/09/2009 APOTHAKER & ASSOCIATES By: day Deputy Sheriff A. D. ra Vp p A ? E nJ T ? ?. c:: _... ,, a Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 CENTURION BANK Plaintiff V. XENOFON SKABOULOS Defendant for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 08-7551 - CIVIL TERM To: American Express Centurion Bank c/o David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be enter gainst you. Michael J. P os squ i Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpvkosh@dcdlaw.net Attorney for Defendant AMERICAN EXPRESS IN THE COURT OF COMMON PLEAS CENTURION BANK CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 08-7551 - CIVIL TERM XENOFON SKABOULOS Defendant ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Xenofon Skaboulos, by and through his attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Michael J. Pykosh, Esquire, who responds to Plaintiffs Complaint as follows: 1. Admitted in Part, Denied in Part. It is admitted that the Plaintiff is American Express Centurion Bank. As for Plaintiffs address, after reasonable investigation, Defendant is without knowledge as to the truth or veracity that Plaintiff maintains a business address in care of Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Admitted. V 3. Admitted in Part, Denied in Part. It is admitted that Defendant's Account Number with Plaintiff, American Express was/is 3723-508930-81009. It is specifically denied that the account was issued at the special instance and request of Defendant. 4. Denied. The averments of Paragraph 4 contain conclusions of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the averments of Paragraph 4 and demands strict proof at time of trial in this matter. 5. Denied. The averments of Paragraph 5 contain conclusions of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the averments of Paragraph 5 and demands strict proof at time of trial in this matter. By way of further response, Defendant, after reasonable investigation, is without knowledge as to the truth or veracity of the current unpaid balance on the account. 6. Denied. The averments of Paragraph 6 contain conclusions of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the averments of Paragraph 6 and demands strict proof at time of trial in this matter. By way of further response, Defendant, after reasonable investigation, is without knowledge as to the truth or veracity that all credits, if any, to which Defendant is entitled have been applied to the account and are included in Exhibit "A". 7. Admitted in Part, Denied in part. It is admitted that Plaintiff has contacted Defendant. The remaining averments of Paragraph 7 contain conclusions of law i to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the remaining averments of Paragraph 7 and demands strict proof at time of trial in this matter. By way of further response, Defendant, after reasonable investigation, is without knowledge as to the truth or veracity of the current unpaid balance on the account. WHEREFORE, the Defendant, Xenofon Skaboulos, demands judgment in his favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just. DEFENDANT'S NEW MATTER 8. Defendant, Xenofon Skaboulos, incorporates and makes part of this New Matter paragraphs 1 through 7 of the foregoing Answer to Plaintiff's Complaint as if fully set forth herein. 9. Plaintiffs Action may be barred by doctrine of laches. 10. Plaintiff's Action may be barred by the doctrine of res judicata. 11. Plaintiffs Action may be barred by the doctrine of estoppel. 12. Plaintiffs Action may be barred by the doctrine of waiver. 13. Plaintiffs Action may be barred by the doctrine of unclean hands. 14. Plaintiffs Action may be barred in whole or in party by the ethical statute of limitations. 15. Plaintiffs Complaint failed to include a proper verification as required by Pa. R.C.P. 1024(c). 16. Plaintiff has repeatedly telephoned Defendant regarding this account. 17. Plaintiffs conduct in contacting Defendant has been extreme and outrageous. 18. Plaintiffs has, by and through it's aforementioned actions, intentionally and recklessly caused sever emotional distress to Plaintiff. WHEREFORE, the Defendant, Xenofon Skaboulos, demands judgment in his favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just. Respectfully Submitted, Dated: -09 By: Michael . Py h, VERIFICATION I, Xenofon Skaboulos, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. L3 O / 1 / Date: enofon Skaboulos Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mnvkosha,dcdlaw.net Attorney for Defendant AMERICAN EXPRESS IN THE COURT OF COMMON PLEAS CENTURION BANK CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 08-7551 - CIVIL TERM XENOFON SKABOULOS Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ANSWER and NEW MATTER, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: American Express Centurion Bank c/o David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Respectfully Submitted, Dated: 1 ?-3 I C) By: Michael J. Pykosh, Esquire Lill ?? t"Ct r#" "? ? .?s lam) ? ?,; -' i < ?:? + r .r' i ??`E ? .? A Our file No.: 194784 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 AMERICAN EXPRESS CENTURION BANK COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 08-7551 Plaintiff, vs. XENOFONSKABOULOS Defendant. Civil Action ANSWER TO NEW MATTER Plaintiff, AMERICAN EXPRESS CENTURION BANK, by and through their attorney, answers the following New Matter: 8. No responsive pleading is required. 9. Denied. Plaintiffs claim is not barred by the Doctrine of Laches. 10. Denied. Plaintiff's claim is not barred by the Doctrine of Res Judicata. 11. Denied. Plaintiff's claim is not barred by the Doctrine of Estoppel. 12. Denied. Plaintiff's claim is not barred by the Doctrine of Waiver. 13. Denied. Plaintiff's claim is not barred by the doctrine of unclean hands. 14. Denied. Plaintiff's claim is not barred by the applicable Statute of Limitations. 15. Denied. Plaintiff's verification is in full compliance with the Pa. Rules of Civil Procedure. A& 16. Denied. Plaintiff at all times has acted in conformance with the Fair Debt Collections Practices Act. 17. Denied. Plaintiff at all times has acted in conformance with the Fair Debt Collections Practices Act. 18. Denied. Plaintiff at all times has acted in conformance with the Fair Debt Collections Practices Act. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm.Engased in Debt Collection BY: 3ckan W. Felzer, Esquire DATED: February 19, 2009 v 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. Jf/dan W. Felzer, Esquire orney for Plaintiff DATE: 2/19/2009 Our file No.: 194784 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 AMERICAN EXPRESS CENTURION BANK COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. XENOFONSKABOULOS Defendant. Civil Action CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on 2/19/2009, I mailed a copy of the Answer to New Matter by Regular mail to MICHAEL J PYKOSH, ESQUIRE 2132 MARKET ST CAMP HILL, PA 17011 DOCKET NO.: 08-7551 W. Felzer, Esquire ,v for Plaintiff Date: 2/19/2009 -t ?,,,,• t rl k_:` ;rTI Our File no.: 194784 AMERICAN EXPRESS CENTURION BANK ) Plaintiff ) vs. ) XENOFONSKABOULOS ) Defendant ) Esq., and PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 08-7551 Civil Action C7 t?,a c? Q i J- C; D _ r its t ' Benjamin J. Cavallaro, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1.1 The above-captioned action is at issue 2. The claim of Plaintiff in the action is $10676.20. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff ATTN: MR. MICHAEL J PYKOSH ESQ Benjamin J. Cavallaro, Esquire 2132 MARKET ST 520 Fellowship Road C306 CAMP HILL, PA 17011 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Resp*am. b d, July 28, 2010 B dvallaro Esquire ORDER OF COURT AND NOW, 20_, in consideration of the foregoing petition, and as prayed for. Esq., Esq., are appointed arbitrators in the above captioned action By the Court, +a,t.oo Pa AT1y Cyr A2Bb5 &.W6953 Our File 1?o.: 194784 IN THE COURT OF COMMON PLEAS OF AMERICAN EXPRESS CENTURION BANK ) CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ) vs. ) NO.: 08-7551 _.w Q XENOFON SKABOULOS ) Civil Action G Defendant ) _» ?p P PRAECIPE FOR APPOINTMENT OF ARBITRATORS z TO THE HONORABLE, THE JUDGES OF SAID COURT: t Benjamin J. Cavallaro, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $10676.20. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff ATTN: MR. MICHAEL J PYKOSH ESQ Benjamin J. Cavallaro, Esquire 2132 MARKET ST 520 Fellowship Road C306 CAMP HILL, PA 17011 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. July 28, 2010 ORDER OF COURT ?squire AND NOW, 20 v, in consideration of the foregoing petition, Esq., and ? D,l i e irrc Jr. ?1 Dec _ Esq., Esq., are appointed arbitrators in the above captioned action and as prayed for. cv c? By the Court, .. 0. A4 Cr aass Our File No.: 194784 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.# 55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff FILED-OFFICE OF THE PROTPOVtOTARY 2010 DEC 16 PM 1: 51 3 CUMBERLAND COUNT E° PENNSYLVANIA AMERICAN EXPRESS CENTURION BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. NO. 08-7551 XENOFONSKABOULOS Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection . Scian, Dated: December 9, 2010 I NIIIIIIIIIIIII