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Home My WebLink About10-3698Our File No.: 266181 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 FIA CARD SERVICES, NA 655 PAPERMILL ROAD NEWARK, DE 19711 Plaintiff, vs. LARRY L COY 12C CREEKSIDE LN CARLISLE, PA 17015-7827 Defendant. 2010 ,1)'Jt4 -4 Phi 3: 54 CUV- , jNN COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: /v -31o96 CIO L L tG2..rvl 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 19Z OO 1 CL eie4 /83293 a V3/s,? Our File No.: 266181 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 FIA CARD SERVICES, NA 655 PAPERMILL ROAD NEWARK, DE 19711 Plaintiff, Vs. LARRY L COY 12C CREEKSIDE LN CARLISLE, PA 17015-7827 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is FIA CARD SERVICES, NA, 655 PAPERMILL ROAD, NEWARK, DE 19711. 2. Defendant(s) is/are LARRY L COY, an adult individual residing at 12C CREEKSIDE LN CARLISLE, PA 17015-7827. 3. At the special instance and request of Defendant, Plaintiff, FIA CARD SERVICES, NA, issued to Defendant(s), Account #4313031999878613. 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 $13,234.85. 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 $13,234.85 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & *SWCIATES, P.C. A Law Firm Engaged ill Debt BY: David J. ApVthaker, Esquire Dated: 5/28/2010 Our File No.: 266181 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.AO relating to unsworn falsification to authorities. David J. ?pothaker, Esquire Attornfor Plaintiff DATE: 5/28/2010 FIA CARD SERVICES, NA LARRY L COY 12C CREEKSIDE LN CARLISLE, PA 17015-7827 STATEMENT OF ACCOUNT Debtor's Name: LARRY L COY Account Number: 4313031999878613 Balance Due: $13,234.85 Our File No.: 266181 EXHIBIT "A" 266181 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plaintiffs: Court Number: FIA CARD SERVICES, NA Expiration Date: Type of Action: Civil Action Defendant/s: LARRY L COY Serve Upon: LARRY L COY Address for Service: 12C CREEKSIDE LN CARLISLE, PA 17015-7827 Alternate Address for Service: Type of Service: ( ) Personal (X) Adult in Charge () Deputize () Certified Mail () Posting Special Service Instructions: * * If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Telephone: 215-634-8920 Larry L. Coy 12C Creekside Ln Carlisle, Pa. 17015 Defendant in Pro Per Court of Common Pleas/ Cumberland County State of Pennsylvania, Cumberland County FIA Card Services Plaintiff, Vs Larry L. Coy Defendant(s) '1F 7Fjr ~ ~ a '~~Y 20{0 ~+~~. { 5 ~'~-°~ {~. i cu~~~ .:L,~ ~~:~~~~ Cause/Case No. (10-3698 Civil Term) Defendant's Answer Larry L. Coy,("Defendant"), hereby answers the complaint of FIA Card Services, ("Plaintiff"), for its self alone as follows and generally denies the allegations due to the complaint based on lack of information and belief. First Affirmative Defense "(Agreement to Arbitrate) The credit cazd agreement may state that disputes may be resolved by binding azbitration. Defendant elects to have all disputes related to the credit card agreement resolved by binding arbitration." Second Affirmative Defense "(Amount in Dispute} The account balance claimed by Plaintiff is not accurate and the total amount that is owed is in dispute." Third Affirmative Defense "(Financial Hardship) Due to a serious financial crisis, defendant does not have sufficient funds to pay the full amount of undisputed debt, if any. 1. Interest rates went high with no increase in wages at work. 2. Health Issues. 3. Being assisted by Consumer Debt Experts. P.O. Box 2640 Newport Beach, CA. 92658 Ph # 1-800-498-7510 WHEREFORE, Defendant requests that: 1. Plaintiff takes nothing by way of his complaint; and 2. For Defendant's cost of suit. July 11 ~' 2010 [Y ur Si tore Signature our Name Printed Name Defendant in Pro Per FIA CARD SERVICES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO. 10-3698 CIVIL LARRY L. COY, Defendant IN RE: MOTION TO COMPEL ARBITRATION ORDER AND NOW, this 2 n ~ day of July, 2010, a rule is issued on the plaintiff to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. In the event the plaintiff files an answer and opposes the motion, the plaintiff's answer shall contain a proposed order listing the matter for argument / David J. Apothaker, Esquire F~or~the Plaintiff /Larry L. Coy, Pro Se Defendant :rlm f ~~~~~ rn~L ~/~l~,v BY THE COURT, ~-e Kevin .Hess, P. J. c., ^' r~ ~- , , ,. ;~ __ ,_ r„ - "; ° r _~ - - ~_~ R'~ ~ Y wL ~ ~ W "S t A Our file No.: 266181 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 LLV..E .f-;. 2010 J.'.. ~' 7 F'' E ~ u ~Wt, l :IJL ,~ .~~1,! COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 10-3698 CIVIL TERM Civil Action FIA CARD SERVICES, NA Plaintiff, vs. LARRY L COY Defendant. ANSWER TO AFFIRMATIVE DEFENSES Plaintiff, FIA CARD SERVICES, NA, by and through their attorney, answers the following Affirmative Defenses: 1. Denied. To the extent arbitration is offered in the agreement, it is an option which must be affirmatively selected by either party. 2. Denied. Defendant owes the sums set forth in the Complaint. 3. 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 pazagraph 3 and strict proof is demanded. f WHEREFORE, Plaintiff demands that Defendant's Affirmative Defenses be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firs Engaged in Debt Collection BY: W. Felzer, Esquire DATED: July 21, 2010 e 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 Affiirmative Defenses 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. J~rdan W. Felzer, Esquire Attorney for Plaintiff DATE: 7/21/2010 f , Our.fihe No.: 266181 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Fetzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff FIA CARD SERVICES, NA Plaintiff, vs. LARRY L COY Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 10-3698 C1VIL TERM Civil Action CERTIFICATION OF SERVICE I, Jordan W. Fetzer, Esquire, attorney for Plaintiff, certify that on 7/21/2010, I mailed a copy of the Answer to Affirmative Defenses by Regular mail to LARRY L COY 12C CREEKSIDE LN CARLISLE, PA 17015-7827 Gordan W. Fetzer, Es Attorney for Plaintiff Date: 7/21 /2010 e+~ !A ~ Our File No.: 266181 FIA CARD SERVICES, NA } Plaintiff ) vs. ) LARRY L COY ) Defendant } NO.: 10-3698 CIVIL TERM PRAECIPE FOR LISTING CASE FOR ARGUMENT ~..> ~, ~:,.a c~ ~, -~, ~_ ;:i~'• -. ~ ~; ~. ~_ . - -- ~..~ ..~ ~= ~.. ~ TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. 1. Matter to be Argued: Defendant's Motion to Compel' Arbitration. 2. Counsel who will argue cases: Benjamin J. Cavallazo, Esquire Attorney for Plaintiff LARRY L COY, Pro Se 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 12C CREEKSIDE LN CARLISLE, PA 17015-7827 3. I will notify all parties in writing within two days that this case has been listed for azgument. 4. Argument Court Date: Next Available. BY: ~J. Cavallazo, Esquire Attorney for Plaintiff Dated: July 28, 2010 INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. ff argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. FIA CARD SERVICES, NA, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. LARRY L. COY, DEFENDANT NO. 10-3698 CIVIL IN RE: DEFENDANT'S MOTION TO COMPEL ARBITRATION BEFORE HESS, J. AND EBERT, J. ORDER OF COURT AND NOW, this 14th day of October, 2010, upon consideration of Defendant's Answer to Plaintiff's Complaint, First Affirmative Defense "Agreement to Arbitrate," which has been treated by this Court as the Defendant's Motion to Compel Arbitration, the Plaintiffs Answer to this Affirmative Defense, and after argument at which the Defendant was not present and did not file a brief; IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Motion to Compel Binding Arbitration is DENIED. ./ Ben'amin J. Cavallaro, Esquire J Attorney for Plaintiff 520 Fellowship Road C306 Mount Laurel, NJ 08054 ~ry L. Coy Defendant 12C Creekside Lane Carlisle, PA 17015-7827 bas r , ~'J t E'_S rnc`U. `~ 1~" l ~~~a ~'r~ By the Court, ~~ M. L. Ebert, Jr., J. ~-~ s„ j z . , ~ ~ .~. . _ .; t ' 1 ~~ ~ ' !~ ~ f~ Y Our File No.: 266181 Apothaker & Associates, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.# 55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff FILED-OFFICE OF THE PROTHONOTARY 1011 X' ii' 11 a P4`1 11: 12 CUMOr RL,-" G C 0 U !TY FIA CARD SERVICES, NA Plaintiff, VS. LARRY L COY COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-3698 CIVIL TERM Defendant. PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification in place of the Attorney's Verification on the Complaint filed on June 4, 2010. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in ll?bt Collection Scian, Esquire Dated: January 5, 2011 Our File No.: 266181 APOTHAKER & ASSOCIATES, P.C. By: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff FIA CARD SERVICES, NA vs. LARRY L COY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-3698 CIVIL TERM Plaintiff Defendant CERTIFICATION OF SERVICE Civil Action I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on January 5, 2011, I mailed a copy of Plaintiff's Praecipe to Substitute Verification to: Larry L Coy 12c Creekside Ln Carlisle, Pa 17015-7827 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Dt Collectioi BY? ly 1~ /Acian,` hsqui Dated: January 5, 2011 VERIFICATION Vicki Kelp , hereby states that I am MP for Plaintiff, FIA Card Services, National Association, in this action, and I am authorized to make 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 unsworn falsification to authorities. Dated: Account No.: 4313031999878613 LARRY L COY Our File No.: 266181 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 FIA CARD SERVICES, NA Plaintiff, vs. LARRY L COY Defendant. F!i.ED-OFEfCF j4. W THE ?ROTHONOTAR,' 2011 JUL 18 PM 3: 22 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-3698 CIVIL TERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Pl ' 'ff A Law Firm Engaged in?e t Collection By: ` (o! - David J. Apothaker, Esquire Dated: 7/7/2011 QNMrI1 I?ISAII?? 6 6