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HomeMy WebLinkAbout09-4556Qur File No.: 211944 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 CACH, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. AMBER YEAGER 603 MANOR RD CAMP HILL, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 69 - L455(v (2Nt-L-F w. 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 • J Our File No.: 211944 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 CACH, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. AMBER YEAGER 603 MANOR RD CAMP HILL, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 01). N S SZ C.c u l e _._ CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CACH, LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are AMBER YEAGER, an adult individual residing at 603 MANOR RD CAMP HILL, PA 17011. 3. Plaintiff, CACH, LLC, is the Assignee and Successor in Interest of Account #5458001825364221; and said account was issued to Defendant(s) by METRIS, 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 $2,334.79. 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 $2,334.79 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & Attorney A Law Firm Enaas Dated: 7/2/2009 BY: RTES, P.C. Debt Collection David J.pybthr, Esquire Our File No.: 211944 VERIFICATION David J. A othaker 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 relating tq;ta4worn falsification to authorities. David J. AN Attorney DATE: 7/2/2009 AMBER YEAGER 603 MANOR RD CAMP HILL, PA 17011 CACH, LLC STATEMENT OF ACCOUNT Debtor's Name: AMBER YEAGER Account Number: 5458001825364221 Original Creditor: METRIS Balance Due: $2,334.79 Our File No.: 211944 EXHIBIT "A" 0 ,T 7-!-:. . T ;' ?Y 2005 J-111- - 8 F1 1: 3 6 *73.5o Pb ATTy CO 140104'1 pTV 24-1151 Sheriff s Office of Cumberland County FoL?r' c? , R Thomas Kline Y L?',„ ti„nTx Sheriff Ronny R Anderson ?yfxtl of ?r,r,?,Tr?,ff 200 .t Chief Deputy Jody S Smith .7 CUI%4 Civil Process Sergeant Edward L Schorpp Solicitor Cach, LLC , vs. Amber Yeager Case Number 2009-4556 SHERIFF'S RETURN OF SERVICE 07/09/2009 07:15 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2009 at 1915 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Amber Yeager, by making known unto herself personally, defendant at 603 Manor Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 July 10, 2009 SO ANSWERS, e R THOMAS KLINE, SHERIFF Deputy ,i eriff CACH, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. AMBER YEAGER 603 MANOR RD. CAMP HILL, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-4556 Civil Term ANSWER Defendant answers the Complaint of Plaintiff as follows: 1. The Defendant admits that Defendant had an account with Plaintiff at one time, as alleged in paragraphs 1 through 7 of Plaintiff's Complaint, but denies that the amount owed alleged by Plaintiff is correct and lacks sufficient information to either admit or deny the remainder of Plaintiff's allegations and demands strict proof thereof in writing. Defendant requests that Plaintiff provide an original credit agreement signed by Defendant, verification of the alleged debt and a detailed accounting of all purchases, charges, credits, offsets and payments to the alleged account in order to permit further admissions and denials. Plaintiff's exhibits to the complaint do not provide such verification or accounting. AFFIRMATIVE DEFENSES 2. The Defendant alleges that the complaint and each and every cause of action stated therein fails to state facts sufficient to constitute a cause of action or any cause of action against the answering Defendant. 3. The amount claimed by the Plaintiff has been inflated to include improper over-limit charges, finance charges and late payment fees inappropriately charged by the Plaintiff. Defendant submits that these charges are exorbitant and unconscionable and to allow Plaintiff to collect these amounts would be inequitable. Defendant denies that Plaintiff is entitled to collect these sums under any contract with Plaintiff Plaintiff has charged excessive and usurious interest, late fees, penalties and Defendant has not been able to reduce the alleged debt, making performance of the obligation impossible. Defendant believes that the combined charges, interest, late fees and penalties violate applicable usury and/or consumer protection laws and should be discharged in their entirety. 4. Defendant alleges that Plaintiff has engaged in unfair and unethical debt collection practices in violation of applicable consumer protection and/or debt collection statutes which bars the granting of relief to Plaintiff herein and may entitle Defendant to damages. 5. Defendant alleges that to the extent Plaintiff seeks equitable relief, Plaintiffs inequitable conduct constitutes unclean hands and therefore bars the granting of relief to Plaintiff. 6. Defendant alleges that the Plaintiff herein, and each and every cause of action contained in the complaint, is barred by reason of acts, omissions, representations and courses of conduct by Plaintiff by which Defendant was led to rely to Defendant's detriment, thereby barring, under the doctrine of equitable estoppel, any cause of action asserted by Plaintiff. 7. Defendant alleges that Plaintiff was engaged in conduct that constitutes a waiver of their rights under the contract alleged in the complaint. By reason of said waiver, Defendant is excused from further performance of the obligations in the alleged contract. 8. Defendant alleges that Plaintiffs actions constituted a full release and waiver by Plaintiff of any and all claims which Plaintiff may have against Defendant. 9. Defendant alleges that Plaintiff has failed to mitigate and lessen damages, if any, it sustained, as required by law, and are barred from recovery by reason thereof against Defendant. 10. Defendant alleges that a new contract was substituted in place of the original contract, if any, and that Plaintiff is barred from recovery on the original contract. 11. Defendant alleges that if there presently exists or ever existed, any or all of the alleged rights, claims or obligations which Plaintiff seeks by way of their complaint, said claims or obligations are unenforceable because the written agreement is not fully integrated. 12. Defendant alleges that if there presently exists or ever existed, any or all of the alleged rights, claims or obligations which Plaintiff seeks by way of their complaint, said claims or obligations are unenforceable because Plaintiff assumed the risk involved in the transaction. 13. Defendant alleges that Plaintiff's claim may be barred by the statute of frauds. 14. Defendant alleges that Plaintiff's claim may be barred by statute of limitations. 15. Defendant alleges that Plaintiff's claim was not properly served on Defendant. 16. In the alternative, Defendant has been unable to pay the debt for the following reasons: Defendant is experiencing financial hardship and is having difficulty paying basic living expenses. Defendant's spouse is unemployed, due to an injury on the job, dated 01-09. He is undergoing physical therapy, while waiting for workers comp. to take effect. Defendant used all the credit available to make ends meet. This resulted in spending all income available towards credit card payments. 17. Defendant wants to avoid filing bankruptcy and is working with a debt settlement company for the limited purpose to negotiate such debts. A copy of the Defendant's Power of Attorney with the debt settlement company is attached hereto as "Exhibit A". Defendant urgently wants to pay her debt but needs additional time to do so and may be able to afford a payment plan if the alleged debt is proved to be valid. Defendant has repeatedly offered to restructure payments on the alleged debt which Defendant can afford but the Plaintiff has failed or refused to accept such payments. Defendant is willing to make payment arrangements with the Plaintiff on any amount that is proved that is owed. WHEREFORE, Defendant prays judgment as hereinafter set forth: I. That Plaintiff be required to produce an original credit agreement signed by Defendant, offer specific proof of the alleged debt and provide verification and an accounting; 2. That Plaintiff take nothing by way of the complaint and that Defendant have judgment against Plaintiff, or in the alternative, that Plaintiff be requested to work out a payment arrangement with Defendant and Defendant's debt settlement company that is within the Defendant's means; 3. That no additional interest be awarded to Plaintiff, 4. That each party pays their own costs for this matter; 5. That each party pays their own attorney/legal fees for this matter; 6. And for such other and further relief as the Court may deem fair, just, equitable and proper. This the -2 3 day of -1241y , 2p oA. A R YE 603 MANOR R iAD CAMP HILL, PA 17011 DEFENDANT PRO SE '02-27-08;09:44AM; 2/26MOOS # 6/ 10 LIMITED POWER OF ATTORNEY r1we bet YUggr hemby appoiat Superior Debt Services, Inc., and its oppoiatces, as my attoracyl-in-Exit to da the NOW described is this Power of Attorney; Suporior Debt Scrim, Inc, tend 1 or otadgaed agents mat aminteas ruts hereby an Umized to w4otime with say creel wo for the purpose of settling their claims against eta. Suporia Debt Services, rrre. (and its appoiomcs) % also authorized to do all tbingi reasonublyftomsxry and appropriate to excroW theatttitoritygranted wit under this PoamrofAttorney. Supm1oribcbtServices, Inc. (and its appoinim) is hereby uudtarhal to request and receive any aad all dooumaniK hold by any areditor or credit bureaa whit hanyareditor, collation agency, sttomcyor otiterthird panty, may be in posscsvion of and cmN be viewad by am prsncumlly, in accotdanm with Section SOS (B) of the Pair Debt Coilmdan Art. Supedar Debt Services. Im does not accept IWA service doom aayezedhar. Thlo Powcrof Allaruay invokes all a nrTz sr poweae of aftmay given by, or an behalf of are relating to the ncgaHutlon and settlement of craditom' claims (driest forpowersi if any. given to Woeneyx at law); and shall he effective, and binding on mr until raveled by un instrument in writing executed by me. This Powar of Attorney Is In etflhct upon sigoing and terminates upon completion of sty peoginan, A phobcopy or famsLav of the origirod shad have the some force and ci kat as the adSinat document. Executed this W day of March 20M SaWaL 5cowtty number 9 illuro $DebtSecurity Number TignnturQ YOKO, Mtlber CERTIFICATE OF SERVICE We hereby certify that on this ?2 3 day of 20-91 a copy of the foregoing pleading was mailed, first-class, postage pre-paid to: APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff David J. Apothaker, Esq. Attorney I.D. # 38423 520 Fellowship Rd. C306 Mount Laurel, NJ 08054 A BER Y ER 603 MANO ROAD CAMP HILL, PA 17011 DEFENDANT PRO SE FILE, OF THE ?IMARY 2C39 ,Y-oiL 23 Ail 1 ' : 4 4 Cur file No.: 211944 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 CACH, LLC Plaintiff, vs. AMBER YEAGER COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 09-4556 Civil Action Defendant. ANSWER TO NEW MATTER Plaintiff, CACH, LLC, by and through their attorney, answers the following New Matter: 2. Denied. Plaintiff s Complaint brings a valid Cause of Action against Defendant. 3. Denied. Plaintiffs claim is not barred by for fraud or illegality. 4. Denied. Plaintiffs claim is not barred by for fraud or illegality. 5. Denied. Plaintiffs claim is not barred by the Doctrine of Unclean Hands. 6. Denied. Plaintiffs claim is not barred by the Doctrine of Estoppel. 7. Denied. The Plaintiffs claim is not barred by the Doctrine of Waiver. 8. Denied. Plaintiffs claims are not barred by the Doctrine of Release. 9. Denied. Plaintiff has not breached its Duty to Mitigate. 10. Denied. Plaintiff s claims are not barred by the Terms of the Contract. 11. Denied. Plaintiffs Complaint is a writing which speaks for itself. 12. Denied. Defendant owes the amount claimed in the Complaint. 13. Denied. Plaintiffs claim is not barred by the Statute of Frauds. 14. Denied. Plaintiff s claim is not barred by the applicable Statute of Limitations. 15. No responsive pleading is required as this is not the proper subject matter of New Matter. 16. 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 Paragraph 16 and strict proof is demanded. 17. 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 Paragraph 17 and strict proof is demanded. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection BY: ----___. Irdan .Felzer, Esquire DATED: August 11, 2009 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. Jo n :W. Felzer, Esquire A rney for Plaintiff DATE: 8/11/2009 Our file-No.: 211944 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 CACH, LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. AMBER YEAGER Defendant Civil Action CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on 8/11/2009, I mailed a copy of the Answer to New Matter by Regular mail to AMBER YEAGER 603 MANOR RD CAMP HILL, PA 17011 Jordan W. Felzer, Esquire Attorney for Plaintiff DOCKET NO.: 09-4556 Date: 8/11/2009 FAQ-??- ?K?E pF Tt- ?p?Ty-,; ,.OTARY 2? ° P:l u 1 l Ph 03 ,,,I iy ?':? J ELM! N t t'?