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HomeMy WebLinkAbout09-2893Our File No.: 205725 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 FIA CARD SERVICES, N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. SCARLET R WEBSTER 58 SHARON RD ENOLA, PA 17025-1826 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 04 - 81q 3 0'iya-rem 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 Our File No.: 205725 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 FIA CARD SERVICES, N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. SCARLET R WEBSTER 58 SHARON RD ENOLA, PA 17025-1826 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 6 9- d 7? 3 e- ? .f 7- ? CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is FIA CARD SERVICES, N.A. c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are SCARLET R WEBSTER, an adult individual residing at 58 SHARON RD ENOLA, PA 17025-1826. 3. At the special instance and request of Defendant, Plaintiff, FIA CARD SERVICES, N.A., issued to Defendant(s), Account #4313070999079384. 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 $18,166.02. 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 $18,166.02 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law APOTHAKER & S IATES, P.C. A Law Firm Eng,*ed iV Debt BY: Dated: 4/29/2009 David I Ap6(he er, Esquire Our File No.: 205725 .. 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 belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 49 re ating to unworn falsification to authorities. David J. Apolb? Attorney for DATE: 4/29/2009 FIA CARD SERVICES, N.A. SCARLET R WEBSTER 58 SHARON RD ENOLA, PA 17025-1826 STATEMENT OF ACCOUNT Debtor's Name: Account Number: Balance Due: Our File No.: 205725 SCARLET R WEBSTER 4313070999079384 $18,166.02 EXHIBIT "A" (; %aw RLED-OFACE OF IIYE PROTHONOTARY 10Q9 I .?' Y -8 PM 12: 4 4 9 418.50 P4 A"q GG* I a assq v# aa4rl7 Sheriffs Office of Cumberland County R Thomas Kline 01 kL'n+uUrrj nuwaiu i. awiviYY Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy F` Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/11/2009 08:13 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2009 at 2013 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Scarlet R. Webster, by making known unto Scarlet R. Webster personally, at 58 Sharon Road, Enola, Cumberland County, Pennsylvania, 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $40.60 SO ANSWERS, May 12, 2009 2009-2893 FIA Card Services v Scarlet Webster R THOMAS KLINE, SHERIFF Deputwf Sherif C) O -? T' ?7 k IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND FOR CUMBERLAND COUNTY FIA CARD SERVICES, N.A. V. Case Number: 09-2893 CIVILTERM SCARLET R. WEBSTER Pro Se Defendant Scarlet R. Webster, hereby enters her appearance and answers the Complaint of FIA Card Services as follows: 1. The Defendant admits the allegations of paragraph I of the Complaint. 2. The Defendant admits the allegations of paragraph 2 of the Complaint. 3. The Defendant admits the allegations of Paragraph 3 of the Complaint. 4. The Defendant admits the allegations of Paragraph 4 of the Complaint. 5. The Defendant denies the allegations of Paragraph 5 of the Complaint. Defendant disputes the balance due and demands a complete accounting reflecting all debits and credits to the account. Plaintiff has failed to produce an accounting. 6. The Defendant denies the allegations of Paragraph 6 of the Complaint. Defendant disputes the balance due and demands a complete accounting reflecting all debits and credits to the account. Plaintiff has failed to produce an accounting. 7. The Defendant admits the allegations of Paragraph 7 of the Complaint. The Defendant is working with a credit counselor in an attempt to resolve this account. WHEREFORE: The Defendant respectfidly requests that Plaintiffs Complaint be dismissed and the relief requested in Plaintiffs Complaint be denied. The Defendant verifies that the statements made herein are true and correct based upon his knowledge, information and belief. The statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Scarlet R. Webster 58 Sharon Rd. Enola, PA 17025-1826 717-728-0259 CxMWnWV Of Pwwowa E: TCw; Ptd* Onto ., Y DM 5 3009 { The Defendant(s) HEREBY CERTIFY that on this i? day of Ro 20 6% copy of the foregoing pleading was mailed, first-class, postage pre-paid to: David J. Apothaker, Esq. Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 1-800-672-0215 Attorney for Plaintiff Scarlet R. Webster This document was prepared by or with the assistance of an attorney employed by Pawls do Associates, LLC, 866-939-7252 and Consumer Law Associates, LLC, 888-510.1892. Con 10 ..Mw NOIMK DOW M. N Notary Pubk al"I UP-1 ft" CO" kam"M 61gra Jam. S. 2009 10 A FILED-{ ;F I'E OF THE PR "'I'0'I1! ?Y 2009 MAY ? 18 PM 12. 19 } _ ,jS.1 FIA CARD SERVICES, N.A., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SCARLET R. WEBSTER, DEFENDANT 09-2893 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS, P.J. AND MASLAND J ORDER OF COURT AND NOW, this day of August, 2010, following argument thereon, the motion of plaintiff for summary judgment is DENIED. By the Court, G%%~/~~ Albert H. Masland, J. Benjamin J. Cavallaro, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 ~ Scarlet R. Webster, Pro se 58 Sharon Road Enola, PA 17025 :sal ~.> c"? ~.~ '~pi ~s hut. ~~ ~~q~j~ ~ r rv~`~- (•~^ `~ ~L " ' _ •u ,,:. -_: Our File No.: 205725 FIA CARD SERVICES, N.A. ) Plaintiff ) VS. ) SCARLET R WEBSTER ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2893 Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: c-a C ? r -°c -0m ?• 3 en- n xp C:?F. M. - c: 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 $18166.02. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff Benjamin J. Cavallaro, Esquire 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. 17 0*4 35? ti. Q-6 Ce, 1-70 November 19, 2010 AND NOW, and as prayed for. ORDER OF COURT ,quire 20_, in consideration of the foregoing petition, Esq., and Esq., Esq., are appointed arbitrators in the above captioned action By the Court, Our File No.: 205725 FIA CARD SERVICES, N.A. ) Plaintiff ) VS. ) SCARLET R WEBSTER ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2893 c -z33 r„?n© z k? z >c-, =o ?c -s a ,c w 01 C? ?s rnr- _0M ?a oCD s-n a-n =F. Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: as MC C) 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 $18166.02. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff Benjamin J. Cavallaro, Esquire 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. O 5 1-7ato November 19, 2010 AND NOW, Q r? and ?f y as prayed for. Ca 19 sue- ?.. /qk/ to Z? ORDER OF COURT ;quire 20 _11b__1 in consideration of the foregoing petition, _ Esq., and Esq., are appointed arbitrators in the abcaontion ? > ' C3 By the Court, o Z F5 g rv CD ? FIA CARD SERVICES, N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA } CIVIL ACTION - LAW ` ? -- VS. NO. 09-2893 CIVIL = SCARLET WEBSTER , Defendant ORDER AND NOW, this ?O day of March, 2011, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Kathleen Shaulis, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, ? Kathleen Shaulis, Esquire V Court Administrator :rlm 4. Ma Je 3111111 pti Our File No.: 205725 r nnai APOTHAKER & ASSOCIATES, P.C. M? - rn BY: David J. Apothaker, Esquire Lnr- . rn Attorney I.D.# 55140 - 520 Fellowship Road C306 mac:, Mount Laurel NJ 08054 n (800) 672-0215 --; -i :. Attorney for Plaintiff FIA CARD SERVICES. N.A Plaintiff, vs. SCARLET R WEBSTER Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-2893 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & A O IATES, P.C. AttorneyZed r PXebt intiff A Law Firm Enga in Collection By: Dated: 6/14/2011 David J. Apo`t4g er, Esquire 1111111111111111111111