The URL can be used to link to this page

Home My WebLink About09-1091• \% s Our File No.: 193988 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 CAPITAL ONE BANK (USA),N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. TONYA BLAIS 20 REGENCY WOODS N CARLISLE, PA 17015 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CR - l 0q) on.-Jit ter*, 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 f Our File No.: 193988 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 CAPITAL ONE BANK (USA),N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. TONYA BLAIS 20 REGENCY WOODS N CARLISLE, PA 17015 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 9- I U 1 ?urc.t ?u^"" CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CAPITAL ONE BANK (USA),N.A. c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are TONYA BLAIS, an adult individual residing at 20 REGENCY WOODS N CARLISLE, PA 17015. 3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA),N.A., issued to Defendant(s), Account #5307582217068606. 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 $7,270.35. 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. I WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $ 7,270.35 and requests this Court award Plaintiff attorney's APOTHAKER AS Attorn for A Law Firm E aged BY: David J. WvAa Dated: 2/10/2009 and costs to the extent permitted by applicable law. CIATES, P.C. Debt , Esquire Our File No.: 193988 VERIFICATION I.` 1l , hereby states that I am Itm 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 unworn falsification to authorities. DATE: 1 CAPITAL ONE BANK (USA),N.A. TONYA BLAIS 20 REGENCY WOODS N CARLISLE, PA 17015 STATEMENT OF ACCOUNT Debtor's Name: TONYA BLAIS Account Number: 5307582217068606 Balance Due: $7,270.35 Our File No.: 193988 EXHIBIT "A" t 00 f?J t 0 SHERIFF'S RETURN - REGULAR CASE NO: 2009-01091 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS BLAIS TONYA AMANDA COBAUGHe , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BLAIS TONYA DEFENDANT the , at 0017:06 HOURS, on the 24th day of February , 2009 at 20 REGENCY WOODS N CARLISLE, PA 17015 by handing to TONYA BLAIS 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: So Answers: Docketing 18.00 Service 7.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 35.20 02/25/2009 APOTHAKER & ASSOCIATES Sworn and Subscibed to By: , MR.Ab WOJA?? before me this day eputy heriff of A.D. r` ?.``r c, '? `r ?, ; ?= ?:`i ?, A CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C., V. Plaintiff TONYA BLAIS, Defendant. :COURT OF COMMON PLEAS :CUMBERLAND COUNTY :Docket No. 09-1091 :Civil Term PRELIMINARY OBJECTIONS FILED BY DEFENDANT AND NOW COMES Defendant, by and through her counsel, and files these Preliminary Objections pursuant to Pa.R.C.P. 1019, Pa.R.C.P. 1024, and the following: I. INTRODUCTION 1. Plaintiff commenced the above-captioned action in this Honorable Court by filing a civil Complaint on or about February 23, 2009. 2. Plaintiff seeks damages pursuant to a credit card agreement with Capital One Bank (USA) N.A. However, a complete copy of the signed contract is not attached to the Complaint. 3. According to the Plaintiff, Capital One Bank (USA) N.A., sold, transferred and/or assigned the account to Apothaker & Associates, P.C.. 4. According to the Plaintiff, Capital One Bank (USA) N.A. is the current owner of the alleged debt. 5. Plaintiff disputes the alleged debt. 6. Defendant never received notice that his account was transferred to Apothaker & Associates, P.C.. 7. Plaintiff never received an opportunity to dispute the alleged debt. 8. Plaintiff asserts that it has legal authority to bring this Action, because it is an assignee of Capital One Bank (USA) N.A. 9. Under Pennsylvania law, 18 Pa.C.S. §7311, the assignment from the creditors must be in writing. 10. Apothaker & Associates is not the creditor and as such, would require an assignment in writing from Capital One Bank (USA) N.A. 11. Plaintiff demands the amount of $7,270.35, which includes interest, fees and costs. See Paragraph 5 of the Complaint 12. Plaintiff is entitled to an accounting of how the amount was calculated by both Capital One Bank (USA) N.A. and Apothaker & Associates, P.C. 13. Apothaker & Associates P.C. is a debt collector pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692a(4), (5) and (6). 14. David J. Apothaker, Esquire is a debt collector pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692a(4), (5) and (6). 15. At this time, without verifying the actual contract and any amendments made thereto, Defendant cannot ascertain whether assignment is proper. 16. At this time, without verifying an accounting of the alleged debt, Defendant cannot determine who added interest, fees and costs since Capital One Bank (USA) N.A., and/or Apothaker & Associates, P.C. and/or David Apothaker, Esquire and/or Northland Group, Inc and/or First Source Advantage could have added interest we do not know at what rate, etc. 17. At this time, without verifying the actual contract and any amendment made thereto, Defendant cannot ascertain whether an arbitration clause may exist and as such, Plaintiff would be barred from bringing this case. I II. LEGAL ARGUMENT 18. The alleged consumer debt in question involves a credit card agreement between the Defendant and several third parties, not part of this Action, including Capital One Bank (USA) N.A., Apothaker & Associates P.C., David Apothaker, Esquire, Northland Group, Inc. and First Source Advantage. (Hereinafter Agreement) 19. Plaintiff failed to attach a copy of the signed agreement and any and all amendments to that agreement that may pertain to the Defendant. 20. Pennsylvania law requires that Plaintiff have a valid assignment of the alleged debt prior to having authority to collect same. 18 Pa.C.S. §7311(a)(1) and (2). 21. Plaintiff failed to attach the chain of title, showing that Apothaker & Associates, P.C. had the legal authority to collect the alleged debt from Capital One Bank (USA) P.C.. 22. Pennsylvania law requires Plaintiff to have proper documentation in order to collect interest, fees and/or costs. 18 Pa.C.S. §731l(b)(1). 23. Plaintiff failed to attach the proper documents to its Complaint, that would show it has authority to collect interest, fees and/or costs. 24. Plaintiff failed to attach any written documentation showing how it calculated the alleged debt. 25. 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. 26. 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 Uniformity Act, 73 P.S. §2270 et seq. 27. Plaintiff alleged no facts to demonstrate that it has the legal authority to collect the alleged debt. 28. The Plaintiff's Complaint should be dismissed because Plaintiff s Complaint is based on various written documents, not attached to the Complaint. 29. The Plaintiff s Complaint lacks subject matter jurisdiction over the defendant as 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. 30. Plaintiffs Complaint fails to conform to Pa.R.C.P. 1019. 31. Plaintiff s Complaint fails to conform to Pa.R.C.P. 1024. 32. Plaintiff failed to provide sufficient information to verify its Complaint. 33. Plaintiff is time-barred from bringing this action. 34. Defendant requests that Plaintiff provide proof as to how the alleged debt was calculated. WHEREFORE, the Defendant respectfully requests that this Honorable Court, dismiss Plaintiff s complaint with prejudice. Dated: 1/30/08 By: n e I s , Esquire 04-01 Street Harri JurtVront rg, PA 17102 Telephone 717-234-4583 Fax 717-234-3650 ID# 10625 Email: Irosen@krevskyandrosen.com Certificate of Service: I hereby certify that a true and correct copy of the foregoing was served on Plaintiff and Apothaker & Associates, P.C. via U.S. First Class Mail as follows: Apothaker & Associates, P.C. David Apothaker, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 Dated: 2/26/2009 ?? ? c_ H? =a ?? -? ?? ?- G'! , __ ? ?_ 7 •-a G...'. .. `' u; ..;? f? C?<< „? CAPITAL ONE BANK, IN THE COURT OF COMMON PLEAS OF (USA}, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW TONYA BLAIS, Defendant NO. 09-1091 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT BEFORE OLER, GUIDO and EBERT, JJ. ORDER OF COURT AND NOW, this 6th day of January, 2010, upon consideration of the Preliminary Objections to Plaintiffs Amended Complaint Filed by Defendant, and of the attached communication from Defendant's counsel, Lawrence J. Rosen, Esq., and following oral argument held on January 6, 2010, the preliminary objections are dismissed and Defendant is afforded a period of 20 days from the date of this order to file an answer to Plaintiff's Amended Complaint. BY THE COURT, _ . ~ ~--~ ~~ : ' J. ?Wesley Olen.. ., J. v Kimberly F. Scian, Esq. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Attorney for Plaintiff r` ~ ,_ Lawrence Rosen, Esq. ' ` `=~~' ~,~ ~-- ~ ~' ~' 1101 North Front Street a, ~ ~ ~ - Harrisburg, PA 17102 ~ ~-' ~,, ,~, _' T.; Attorney for Defendant "~~~: =~~ '~, `~ ~ v ~ ~'es rn,~. ~ •~ ~~a~~~ ~~ 01/04/2010 12:44 7172343650 KREVSKY AND ROSEN PC PAGE 01 . , ,..._. > ~.i ,~ COUNSELORS AT LAW 1101 NORTH FRONT STREET" I-1ARRISBURG, PENNSYLVANIA 17102-3324 Sanford A. -<revsky Lawrence J. Rosen 1~1V~JaRANDUM Tt): COI1R"I' ADMIN[STRATOIt, C~UMI3ERLANE) COUN'T'Y -,~1-.':+',, FROM: T,/1,WRT;NCF; 1Zt:)SFN, ESQi.1JRE ~ ~, SUB.II~:C~': CAPI"CA,>L ()NE liAIYIC V. TC)NYA, iQLAIS, 09-i<09I ~)A 1'F: 1 /4/2010 ~SF.N~' VIA F.~I CSI111IL E .7 0: (7I7) 240-6460 J~c~~r Sirs: /v Tel, (71 7) 234.4.St3;3 Fax.(717) 234...3650 Please accept Cris correspi,»7d~n:ce confirming t><,y conversation to the effect that !will not be filing a response brief rlor will .l bc: attendix~C; ox-al argument in the txta.tter of Capital One f.3an.k v. l-onya Blais- } ~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CAPITOL ONE BANK (USA), N.A., Plaintiff V. TONYA BLAIS, Defendant NO: 09-1091 NOTICE TO PLEAD TO: KIMBERLY F. SCIAN, ESQUIRE APOTHAKER & ASSOCIATES, P.C. 520 FELLOWSHIP ROAD C306 MOUNT LAUREL, NJ 08054 n ~ ^a -~ 4 ~ ~ tT7 Wit';` ~ 1~ ~:-:. ~ ~ ~Jf.~`-' ;~-. w a c,'t ~ ' ~ o~ ~- N O cn ATTORNEY FOR CAPITAL ONE BANK (USA), N.A., PLAINTIFFS You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a Judgment will be entered against you. Date: .~ ~ / 4 0 Lawrence .Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102 ID# 10625 Phone: (717) 234-4583 Fax: (717) 234-3650 lrosennkrevskvandrosen. com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CAPITOL ONE BANK (USA), N.A., . Plaintiff ; NO: 09-1091 V. TONYA BLAIS, Defendant ANSWER TO PLAINTIFF'S AMENDED COMPLAINT AND NEW MATTER AND NOW comes Defendant, Tonya Blais, by and through counsel, Lawrence J. Rosen, Esquire, and offers the following Answer to Plaintiff's Amended Complaint and New Matter: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Defendant does not have information sufficient to enable her to form and opinion as to the truth of the subject averment. Strict proof at trial is hereby demanded. 5. No Response Required. WHEREFORE, Defendant demands that Plaintiff s Complaint be dismissed. NEW MATTER 6. Paragraphs one through five are hereby incorporated as if fully set forth herein. 7. Plaintiff s Complaint is barred by the operative statute of limitations. WHEREFORE, Defendant demands that Plaintiff's Complaint be dismissed. Respectfully submitted: KREVSKY & ROSEN, P.C. By: Lawrenc J. Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102 ID# 10625 Phone: (717) 234-4583 Fax: (717) 234-3650 lrosenna,krevskvandrosen com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CAPITOL ONE BANK (USA), N.A., ; Plaintiff NO: 09-1091 V. TONYA BLAIS, Defendant VERIFICATION I, Lawrence J. Rosen, Esquire representing and acting on behalf of Tonya Blais, hereby verify that the information contained in the foregoing Answer and New Matter is true and correct to the best of my knowledge, information and belief. I also understand that false statement~~ made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: / ~ Lawren J. osen, Esquire IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CAPITOL ONE BANK (USA), N.A., Plaintiff V. NO: 09-1091 TONYA BLAIS, Defendant CERTIFICATE OF SERVICE AND NOW, this / f~ day of , 2010, I, Elisabeth J. Clough, for the Law Firm of KREVSKY & ROSEN, P.C on behalf of Defendant, TONYA BLAIS, hereby certify that I have this day served a copy of the foregoing Answer and New Matter in the above-captioned matter, by First Class U.S. Mail on the following: KIMBERLY F. SCIAN, ESQUIRE APOTHAKER & ASSOCIATES, P.C. 520 FELLOWSHIP ROAD C306 MOUNT LAUREL, NJ 08054 Elisabeth J. Clough ~ Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4583 Fax: (717) 234-3650 Our File 1~Iu.: `i 93988 CAPITAL ONE BANK (USA),N.A. Plaintiff vs. TONYA BLAIS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENP~YI~AN~A _- ° c T{ NO.: 09-1091 ~„`~ ° = o ~ . ~ ~Y_F ~~ _ Civil Action _ - ., ~; ~ -_ ~.. ~ PRAECIPE FOR APPOINTMENT OF ARBITRATORS `~ t _t L TO THE HONORABLE, THE JUDGES OF SAID COURT: 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 $7367.82. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff 1101 NORTH FRONT STREET Benjamin J. Cavallaro, Esquire HARRISBURG, PA 17102 520 Fellowship Road C306 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 AND NOW, and as prayed for. Esq., Esq., are appointed arbitrators in the above captioned action By the Court, ORDER OF COURT Esquire 20 , in consideration of the foregoing petition, Esq., and e~a el~~ 1 Defendant. APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road, Suite C306 Mt. Laurel, NJ 08054 (856) 780-1000 Attorneys for Plaintiff CAPITAL ONE BANK (USA),N.A. Plaintiff, vs. TONYA BLAIS 'FILE'D-`OFFICE OF THE PROTHONOTARY 2010 DEC 30 P?1 1, 56 CUMBERLAND COUNTY PENHNISYLVANIA COURT OF COMMONS PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-1091 Civil Action STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on this November 15, 2010, STIPULATED by and between Plaintiff, CAPITAL ONE BANK (USA),N.A., and Defendant, TONYA BLAIS parties as follows: 1. Defendant agrees to pay the sum of $1,000.00, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid shall be paid by Defendant, TONYA BLAIS, to the attorneys for Plaintiff in the following manner: a. $100.00 to be paid on or before the 150' day of each month, beginning December 15, 2010 through September 15, 2011. All checks are to made payable to CAPITAL ONE BANK (USA),N.A., and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 3. In the event Defendant, TONYA BLAIS makes all payments as stated above, this account will marked satisfied when TONYA BLAIS pays $1,000.00. 4. In the event Defendant, TONYA BLAIS fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff must notify Defendant's attorney(s), in writing of Defendant, TONYA BLAIS's default. t The name and address of Defendant's attorney(s) that notice will be sent to is: LAWRENCE J ROSEN ESQ 1101 NORTH FRONT STREET HARRISBURG, PA 17102 5. If the default is not cured within 15 days after written notice of Defendant's attorney(s), then Plaintiff has the right to obtain the entry of Judgment against Defendant, TONYA BLAIS, ex parte, in the sum of $7,766.17, giving Defendant, TONYA BLAIS credit for any sums actually paid pursuant to the terms of this Stipulation. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES Attorneys for Plaintiff A Law Firm En aged ' ebt Collection By: _ tnj vallaro, Esquire -- ac?) _ ' T?VYA BLAIS Our File No.: 193988 7 Our File No.: 193988 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D.# 307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CAPITAL ONE BANK (USA),N.A. VS. Plaintiff TONYA BLAIS Defendant ACCEPTANCE OF SERVICE Civil Action I accept service of the Complaint in the above referenced matter on behalf of TONYA BLAIS and certify that I am authorized to do so. Date: 4evyAtto?f?,& OSEN Defendant Address: 1101 NORTH FRONT STREET HARRISBURG, PA 17102 DES; 1 7 2010 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-1091 Our File No.: 193988 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 CAPITAL ONE BANK (USA),N.A. Plaintiff, vs. TONYA BLAIS Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY ) NO. 09-1091 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Atto ey for Plaintiff A Law Firm ng ed in Debt Collection 0 By: David J Esquire Dated: 11/8/2011 1111111111111111111111111111111