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Home My WebLink About09-7114Ourlile No.: 224760 "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. TODD M SMITH 229 MARKET ST 2ND FL NEW CUMBERLAND, PA 17070-2149 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Oq - 7 1 1 4 CiV i t l en, 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.: 224760 - 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. TODD M SMITH 229 MARKET ST 2ND FL NEW CUMBERLAND, PA 17070-2149 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: O q- 7 I 1 'i t 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 TODD M SMITH, an adult individual residing at 229 MARKET ST 2ND FL NEW CUMBERLAND, PA 17070-2149. 3. At the special instance and request of Defendant, Plaintiff, FIA CARD SERVICES, N.A., issued to Defendant(s), Account #74974999091652. 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 $22,270.72. 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 $22,270.72 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & AS C TES, P.C. Attorney fo Pl ' tiff A Law Firm Ensz g d in ebt Collectioi BY: Dated: 10/9/2009 David J. Our File No.: 224760 VERIFICATION David J. Anothaker, Esquire, Esc. 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,rtI?.ting to unsworn falsification to authorities. David J. A othaker, Esquire Attorne for Plaintiff DATE: 10/9/2009 TODD M SMITH 229 MARKET ST 2ND FL NEW CUMBERLAND, PA 17070-2149 FIA CARD SERVICES, N.A. STATEMENT OF ACCOUNT Debtor's Name: TODD M SMITH Account Number: 74974999091652 Balance Due: $22,270.72 Our File No.: 224760 EXHIBIT "A" 0 R FLEE) (J? 2069 OCT 16 p 2: (7 *78.5o Po Al" eel 1w} 54 3 e a3al i,,4 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant 410111tr o 1t1"he..1414 #,TFF,4,E OF'i ,.E S-ERIFF RLEQ-0E OF THE PMTH M10TAW 2009 OCT 27 AM 9: 01 CUMBER', >-Z vOUNTY PENNSYLVANIA Edward L Schorpp Solicitor FIA Card Services Case Number vs. Todd M. Smith 2009-7114 SHERIFF'S RETURN OF SERVICE 10/22/2009 06:40 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 22, 2009 at 1840 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Todd M. Smith, by making known unto Todd Smith, at 229 Market Street, 2nd Floor, New Cumberland, Cumberland County, Pennsylvania, 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.30 October 23, 2009 SO ANSWERS, .? 7 R THOMAS KLINE, SHERIFF J Deputy Sheriff BY: David Reinherz, Esquire Attorney for Defendants 1315 Walnut Street, Suite 804 Philadelphia, PA 19107 ID#82042 Telephone #922-2055 FIA CARD SERVICES, N.A. IN THE COURT OF COMMON PLEAS Plaintiff, COUNTY OF CUMBERLAND, VS. PENNSYLVANIA TODD M. SMITH Defendants. DOCKET NO. 09-7114 CIVIL ACTION - LAW ANSWER TO ORIGINAL COMPLAINT Comes now TODD M. SMITH, Defendant herein, and submits this Answer to the allegations contained in the Complaint filed against him herein. 1. Defendant denies the allegations contained in Paragraph 1 of the Complaint. 2. Defendant admits the allegations contained in Paragraph 2 of the Complaint in that he is an adult individual and resides at 229 Market St, F12, New Cumberland, PA 17070-2149. 3. Defendant denies the allegations contained in Paragraph 3 of the Complaint. 4. Defendant denies the allegations contained in Paragraph 4 of the Complaint. 5. Defendant denies the allegations contained in Paragraph 5 of the Complaint. 6. Defendant denies the allegations contained in Paragraph 6 of the Complaint. 7. Defendant denies the allegations contained in Paragraph 7 of the Complaint. AFFIRMATIVE DEFENSES 1. Defendant pleads that the contract was void or voidable as a usurious contract. 2. Defendant pleads that the contract between Plaintiff and Defendant was unconscionable and overreaching, and therefore void or voidable. 3. Additionally, Defendant pleads there was a lack of consideration for changes Plaintiff attempted to make to the agreement between the parties, and Plaintiff failed to give proper notice to make any changes to any agreement between the parties. 4. Additionally, Defendant pleads that Plaintiff's damages were caused by and resulted from Plaintiff's unconscionable conduct. 5. Also, Defendant pleads that Plaintiff made it impossible for Defendant to comply with any agreement between the parties by raising the interest on Defendants' current account balances without just cause. 6. Alternatively, Defendant pleads that Plaintiff's claims are barred by the applicable statute of limitations. 7. Alternatively, Defendant pleads that Plaintiff's claims fail to state a claim upon which relief can be granted. LAW OFFICES OF VICTOR W. LUKE, A.P.L.C. rl/t?U ? DATED: 9 David Reinherz, Esquire Attorney for Defendants 1315 Walnut Street, Suite 804 Philadelphia, PA 19107 ID # 82042 Telephone #922-2055 Page 2 of 3 ANSWER TO COMPLAINT CERTIFICATE OF SERVICE The Undersigned hereby certifies that On /II q l o I he/she served a true and correct copy of the foregoing Pleading described as: ANSWER TO COMPLAINT in this matter upon the below listed party or counsel via first class mail by depositing a copy in the United States Mail, Postage Prepaid, and addressed as follows: David J. Apothaker, Esq. Apothaker & Associates, PC 520 Fellowship Road, C306 Mount Laurel, NH 08054 LAW OFFICES OF VICTOR W. LUKE, A.P.L.C. p DATED: C?z - ` David Reinherz, Esquire Attorney for Defendants 1315 Walnut Street, Suite 804 Philadelphia, PA 19107 ID # 82042 Telephone #922-2055 Page 3 of 3 ANSWER TO COMPLAINT BY David Reinherz, Esquire Attorney for Defendants 1315 Walnut Street, Suite 804 Philadelphia, PA 19107 ID#82042 Telephone #922-2055 FIA CARD SERVICES IN THE COURT OF COMMON PLEAS Plaintiff, COUNTY OF CUMBERLAND, VS. PENNSYLVANIA TODD M. SMITH Defendant. DOCKET NO. 09-7114 NOTICE OF APPEARANCE TO THE HONORABLE JUDGE OF SAID COURT: The undersigned counsel, David Reinherz, Of Counsel, Law Offices of Victor W. Luke, APLC, hereby notices his appearance as counsel for Todd M. Smith in the above captioned lawsuit. Respectfull y bmitted, David Reinherz, Esquire ID#82042 Law Offices of Victor W. Luke, APLC 1315 Walnut Street, Suite 804 Philadelphia, PA 19107 TEL: (215) 922-2055 FAX: (215) 922-2778 ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE I certify that on the day of AJy?`m ?-*'2009, a true and correct copy the foregoing Notice of Appearance has been forwarded by fax to: David J. Apothaker Apothaker & Associates, PC 520 Fellowship Road C306 Mount Laurel, NJ 08054 DAVID REINHERZ From: 7179759993 Page: 2/3 Date: 10/28/2009 2.46:59 PM STATE OF PENNSYLVANIA CUMBERLAND COUNTV S.S. VERIFICATION TODD M. SMITH, tieing first duly sworn according to [aw- (Jep sc:s azk(i states that hc- has prepared and. read the foregoing, Answer to Original Complaint. and chat the Answers EAI'C. true to the best of my knowledge. T I) . S 'I' SWORN TO BEFORE ME and subscribed in my presence this . &; ; day of ? .. 2009. ?4NTARY VIJiBI C: CON! .+!1NWEAL7H r)F F) NN_$YLVANIA MI';hAEL R- CARANCI, Notary Public, SILAL Lgvnuyne SWO. Cwsrrtb?.'rlflnrt County My C; )rmnizsion CxOes June +5, 201-0 r....- - - ---°- From: 7179759993 Page: 3/3 Date: 10128/2009 2:46:59 PM C:tilt1 1' fir: u:11j.1. N?'.a31. 1'I?l S1 N ) _f1CM1 <.I X27 'I By sigxling bel+nv sold r..eturn.ing, this page to us, you aclcnowlecllpa1, (c ?rl.`i.z•ttl, and reafkirtrt the: lq al anti professional :sttorliey..client relationship that exists berween •y-. )u, din, (-:',lient, and the ltw Offices of Victor W..l.ul,,:c, .APU7, (i,C)VWL,) which originated with the rchrc,entatic)n of C:li4mt in Client's debt: sett.lemmir 4,f-'Ort by Fairhaven I..aw Croup (F1,G). Ill. A l.)rc-cicce,ssor entity of L OVWL' Client hereby birc:s and retains LOVWI, to represent C:llcnt in %.;,171,(1kis Icg tCl3ttt;rti arising out of said debt settlement efforts and resulting, in sonic cases, in law suit; upmlist Client In Creditors..I.C:)VWI:, ha 'Mr:eady received advance fee payments by virtttr Of rltOuthly feVS l'Mid to FLG, and Client will not. have to pay atdclitional fees to J. OVWL. for ns „ls iSr:l.ic:c utt suit, broq'i,t by creditors that were inn caved in the FHL, debt settlerrlent cffo.rts, Ho\vi,!ve r, c oust-relates! expenses, Sucre as filing; ft s, will be,, paid by the Client. Client authorizes l (A'WI, to take all steps necessary on (client'-: hehult with regard to the litil;ation or disputes in watch Clit-Alt is involved. Client has been told and hcrc':ry confines that Client understands thar 1-.0VWl. trlak.es 110 guarantee of the succcss c,r oorc;+.:,v ().f any legal trtatirer undertaken on behalf of C hent.. 'IY)DD M. SMITH! L,AW OFF'ICE'S (,") ` k "I°C?R W. L .;K.F.': (Mont Narne; •- Printed Ch •nt LlSiggrnature lea ttv. Artc)rncy Narrler PrMtcd Attorne1' :'ip;naturt' Date -?i = _ - .?, ?r ?'^? ? ?. r, ;'??,. ?sA)ii?,- ti, f' r ... Our file No.: 224760 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 FIA CARD SERVICES, N.A. Plaintiff, VS. TODD M SMITH COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 09-7114 CIVIL TERM Civil Action Defendant. ANSWER TO NEW MATTER Plaintiff, FIA CARD SERVICES, N.A., by and through their attorney, answers the following New Matter: 1. Denied. Plaintiff s claim is not barred by Fraud of Illegality. 2. Denied. Plaintiff s claim is not barred by Fraud or Illegality. 3. Denied. Plaintiff's claim does not fail for Lack of Consideration. 4. Denied. All injuries and damages to the Plaintiff were caused in whole by the Defendant. 5. Denied. Plaintiff is entitled to recover interest and attorney's fees pursuant to the Contract. 6. Denied. Plaintiff s claim is not barred by the applicable Statute of Limitations. 7. Denied. Plaintiff's Complaint brings a valid Cause of Action against Defendant. 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: rdan W. Felzer, Esquire DATED: November 19, 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 unworn falsification to authorities. W. Felzer, Esquire ,y for Plaintiff DATE: 11/19/2009 Our file No.: 224760 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 FIA CARD SERVICES, N.A. Plaintiff, VS. TODD M SMITH Defendant. Civil Action CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on 11/19/2009, I mailed a copy of the Answer to New Matter by Regular mail to DAVID REINHERZ, ESQUIRE 1315 WALNUT ST STE 804 PHILADELPHIA, PA 19107 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 09-7114 CIVIL TERM W. Felzer, Es v for Plaintiff Date: 11/19/2009 FIL D-{: ?80E OF THE F' `,Ir?-,CINOTAAY 2009 NOV 24 M 9, 2 l Cu"? -r. t s Our File No.: 224760 FIA CARD SERVICES, N.A. Plaintiff vs. TODD M SMITH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA } NO.: 09-7114 CIVIL TERM n ~- _, o '~~x Civil Action - ~'~ c `> ) _ _'~ '. } ~~ - PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ~, _ . _,:., b - ~., . ~ G.... ~~~ ~ --~ ~....} ~... 7.~f-t _ ~ . U 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 $22270.72. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff ATTN: MR. DAVID REINHERZ ESQ Benjamin J. Cavallaro, Esquire 1315 WALNUT ST STE 804 520 Fellowship Road C306 PHILADELPHIA, PA 19107 Mount Laurel, NJ 08054 (800}672-0215 Attorne for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. July 28, 2010 AND NOW, and as prayed for. ORDER OF COURT squire 20 , in consideration of the foregoing petition, Esq., and Esq., Esq., are appointed arbitrators in the above captioned action By the Court, ~01~.0o P~ -9TT~ e~ ~ a.~88 ~ aa~5c, Cw , J, ( ': *-,, I r A11411 Plai tiff 11 Defendant Oath In The Court of Common Pleas of Cumberland County, Pennsylvania No. -! r¢ Civil Action - Law. We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature / Sign r Signature SC-4 ,a to L? ` ? ?? 6 !/lbl7? E r'?c l?a?? a Name (Chairman) Name O Name p 11A Q ?i?V?J?V V ? OI? ? O M ? r ?xO.( & A ss' e 6` +S Law Firm Law Firm Law F?irm I o l fox /./) &rl Address Address 155 8• HGnsJavfit Address 10 C7'{-3 ?iaP?/f L? ???J3 Gu r I Stt P? I'7 013 City, zip City, Zip City, Zip lbVII 19 04-1 7L--140?7g7 r?36? a?Dd`*3aGg Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following /aw rd: (Noe: If damages for delay are awarded, they shall be separately stated.) . (Insert name if Date of Hearing: Qc 2Z(o Date of Award: L -zz((D ?, . -\j (Chairman) Notice of Entry of Award Now, the day of .1 ,.0 , at a : z Z , -?.M., the above award was -3)rlr entered upon the docket and notice thereof giveii by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal::$ JIV,Bd Ry: Deputy FILED-OFFICE OF THE PROTHONOTARY 2010 DEC -3 PM 2: 21 CUMBERLAND COUNTY PENNSYLVANIA espies rn&t t 44y C.?IOV ZC , 44y-D. ,;..., kee.?,... ult. /tv