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Home My WebLink About10-2563Our File No.: 248255 APOTHAKER & ASSOCIATES, P.C. `BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ARROW FINANCIAL SERVICES LLC 5996 W TOUHY AVENUE NILES, IL 60714 Plaintiff, vs. JOSEPH J DOYLE 58 OLD STONEHOUSE RD S CARLISLE, PA 17015-9798 Defendant. F TLEILED , rU 2010 APR 20 AM 10:37 UNTY PENNSYLVA"diA COURT OF COMMON PLEAS CUMBERLAND COUNT/nY1 NO.: 10 - ?&03 l,ivil (Erin 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 0 49.a.00 PO AT" Gcy 1?lo94?f Our File No.: 248255 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ARROW FINANCIAL SERVICES LLC 5996 W TOUHY AVENUE NILES, IL 60714 Plaintiff, vs. JOSEPH J DOYLE 58 OLD STONEHOUSE RD S CARLISLE, PA 17015-9798 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is ARROW FINANCIAL SERVICES LLC, 5996 W TOUHY AVENUE, NILES, IL 60714 2. Defendant(s) is/are JOSEPH J DOYLE, an adult individual residing at 58 OLD STONEHOUSE RD S CARLISLE, PA 17015-9798. 3. Plaintiff, ARROW FINANCIAL SERVICES LLC, is the Assignee and Successor in Interest of Account #4185867872069712; and said account was issued to Defendant(s) by WASHINGTON MUTUAL BANK, 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 $2,668.29. 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 $2,668.29 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & AS IATES, P.C. Attorney f Pl tiff A Law Firm En2a? in ebt Co]I?ctioi BY: Dated: 4/13/2010 David J. Apothb er, Esquire Our File No.: 248255 VERIFICATION David J. Apothaker, 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 and si ed understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relatin o un orn falsification to authorities. David J. Apoth er, Esquire Attorney for Plaintiff DATE: 4/13/2010 Ab ARROW FINANCIAL SERVICES LLC JOSEPH J DOYLE 58 OLD STONEHOUSE RD S CARLISLE, PA 17015-9798 STATEMENT OF ACCOUNT Debtor's Name: JOSEPH J DOYLE Account Number: 4185867872069712 Original Creditor: WASHINGTON MUTUAL BANK Balance Due: $2,668.29 Our File No.: 248255 EXHIBIT "A" ARROW FINANCIAL SERVICES, LLC., : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY v. No. 10 - 2563 -Civil Term JOSEPH J. DOYLE, :CIVIL ACTION -LAW Defendant n ~ ~ ~ -~ PRAECIPE ~' -' ~ `T' ',~~~"~ c: -b ~:;~`Y~ zit^; ~ '~- ~; Please enter my appearance for the Defendant in the above. ~ ~q N :d`ry' . ~ ~. --c n: Da ~ , Geoffrey M.Biringer 401 E.Louther Street Carlisle,PA 17013 (717)243-9400 C/ 4 ARROW FINANCIAL SERVICES, LLC., : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY No. 10 - 2563 -Civil Term v. . _~ JOSEPH J. DOYLE, :CIVIL ACTION -LAW ~a ~z Defendant ~_~ _, rr,- f ,. f.^_.. ~rr AND NOW, comes the defendant, Joseph J.Doyle, by and through his legal counsel, MidPenn Legal Services, and files these PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT, and in support thereof avers the following: 1. Plaintiff is Arrow Financial Services LLC, an assignee of Washington Mutual Bank.. 2. Defendant is Joseph J. Doyle (hereinafter "Defendant"). 3. Plaintiff filed its complaint on April 20th, 2010. N 0 -~, z~ W ^ .' I V fv 4. Plaintiff claims that, on assignment, it is owed a balance on account for $2,668.29 for use of a credit card. PRELIMINARY OBJECTION PURSUANT TO PA. R.C. P. No.1028(a) (4)) (Demurrer) 5. Paragraphs 1 through 4 of Defendant's Preliminary Objections are hereby incorporated by reference hereto. 6. Plaintiff claims they are a successor in interest to the original creditor, but fails to attach any evidence of an assignment which would give this creditor the right to i ~~ ~,~ l~ _~. t ~` ~ t '~ `~`Y .~_ pursue this claim. 7. Plaintiff does not allege that there was any agreement between the Plaintiff and the Defendant, or the original creditor, merely the use of a credit card. 8. Plaintiff attaches nothing to its Complaint, save for a Summary attached as "Exhibit A," which would indicate, in any way, that Defendant agreed to the terms relating to balance ,interest rates, or method of calculating the balance due. 9. Absent such allegations, Plaintiff fails to adequately state a cause of action. 10. Plaintiff's claims that Defendant accepted and used the card, but fails to describe how Defendant was unjustly enriched and does not include an itemization of the goods purchased, information that goes to the very core of Plaintiff's claim. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with prejudice for failure to state a cause a cause of action. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P. No.1028(a)(3) (INSUFFICIENT SPECIFICITY IN A PLEADING) FOR FAILURE TO PROPERLY PLEAD ITEMS OR TIME, PLACE AND SPECIAL DAMAGES 11. Paragraphs 1 through 10 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 12. Plaintiff claims that it is owed a balance of an account in the amount of $2,668.29 but attaches only a "Statement of Account" at Exhibit "A. Pa. R. C. P. No.1019(f) requires that averments of time, place and special damages shall be specifically stated. 13. Plaintiff's general assertion of damages therefore is in violation of Pa. R. C. P. No.1019(f) and renders Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for insufficient specificity in a pleading. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P.No.1028(a)(2) and No.1019(i)(FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO ATTACH A WRITING 14. Paragraphs 1 through 13 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 15. Plaintiff bases its claims against Defendant on use of a credit card and use of by Defendant. 16. Nothing is attached to the Complaint, however, of a proper assignment to the Plaintiff, any agreements between the parties, or any list of items purchased by the Plaintiff. 17. Pursuant to Pa.R.C. P.No. 1019(1), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 18. To the extent that any credit agreements between Defendant and Plaintiff, or its assignors are written, Plaintiff's Complaint fails to comply with Pa. R. C. P. No. 1019(1) in that Plaintiff has failed to attach to its Complaint a copy of any such written agreements or any explanation for the absence thereof. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for failure to conform to a law or rule of court. Respectfully submitted, MidPenn Legal Services Date ~ ~~ /d By_ ~ < Geof rey Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Preliminary Objections on this 18th day of May 2010, by placing same in the United States mail, first class, postage prepaid, addressed as follows: David J.Apothaker, Esquire 520 Fellowship Road C306 Mount Laurel,NJ 08054 By: Geoffrey M. Biri ger Attorney for the Defendants 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 Our File No.: 248255 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 ARROW FINANCIAL SERVICES LLC Plaintiff, Vs. JOSEPH J DOYLE Defendant. FILED-OFPCE (Y- 717 r_.., _. ?TI!iRY "c"'0 -3 A;lID: 55 CUMp" L-1-;? k-.'',Dut Y PENMSYLVANiA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-2563 CIVIL TERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & A CIATES, P.C. Attorneys "for P aintiff A Law Firm Engaged in Debt Collection By: David J. Apothaker, Esquire Dated: 8/23/2010 1111111111111111111111111111111