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Home My WebLink About11-6295SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor `?" ,E :'? ' . _.-MFF i IEED-OF H i ! AUG 15 AM 9: 7 5 UMBEPLAND Li01t.i]I i ?ENNSYL. IANI Cach, LLC vs. Case Number Mary Hanley 2011-6295 SHERIFF'S RETURN OF SERVICE 08/10/2011 12:20 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on August 8 2011 at 1220 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mary Hanley, by making known unto herself personally, at 23 Houston Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.00 August 11, 2011 . 246--_ TIM CK, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF c; Goon YSuite ShFentf Te!eoso`:t I %-, CACH, LLC, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-6295-Civil Term MARY HANLEY, Civil Action - Law Defendant NOTICE TO PLEAD C7? N N 70 Q To: CACH, LLC x c:) s? x c/o David J. Apothaker, Esquire °• rr' Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Date: - V -- < < Respectfully Su m' e , Attorney for Defendant, Mary Hanley Michael J. os squire I.D. # 5885 2132 Market Street Camp Hill, Pennsylvania 17011 Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykoshLddp181aw,com Attorney for Defendant CACH, LLC, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-6295-Civil Term MARY HANLEY, Civil Action - Law Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Mary Hanley, by and through her attorneys Dethlefs- Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files his Preliminary Objections to the Plaintiff s Complaint, and avers as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by MBNA America, N.A. Comp. ¶ 1 and 3. 2. The Complaint was filed on August 8, 2011. First Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (failure to state whether agreements is oral or written, state its terms, and/or attach written contract upon which the claim is based) 3. The Complaint avers the existence of some type of credit account between the Defendant and an original creditor. 4. Pursuant to Pa. R.C.P. 1019(h), where a claim asserted is based upon an agreement, the pleading must state whether the agreement is oral or written. 5. The Complaint does not indicate whether the agreement is oral or written. 6. Pursuant to Pa. R.C.P. 1019(i), if the agreement is written, it must be attached to the pleading or, if not, the pleader must explain its absence and set forth the substance of the agreement. More specifically, Plaintiff has failed to attach the original Loan/Credit Agreement signed and dated, including both original and amended terms and conditions applicable to the credit card agreement. Asset Acceptance, LLC v Margaret Madden Order dated March 18, 2009, No. 2912 of 2008 GD (Fayette County 2009) citing Atlantic Credit & Finance, Inc. v Guiliana, 829 A.2d 340 (Pa. Super. 2003). Plaintiff has also failed to attach "other periodic mailings detailing changes to the terms of the contract Remit Corporation v Miller, 5 Pa. D&C 5th 43, 45 (Centre Cty., 2008) 7. The Plaintiff has failed to describe the terms of the agreement, nor has it attached a copy of a written agreement or explained its absence. Second Preliminary Objection- Pa. R.C.P. No. 1028(a)(4)- Demurrer 8. The Plaintiff has failed to allege facts sufficient to maintain a cause of action for Breach of Contract. Third Preliminary Objection- Pa. R.C.P. No. 1028(a)(3)- Insufficient Specificity 9. The Complaint contains only a general assertion of the amount the Plaintiff claims is owed by the Defendant. It provided no detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the dates or amounts of payments, nor dates of accrual and amounts of interest charges and other fees. 10. Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail be included in a Complaint of this type. 11. By not including the requisite detail of the account, the Complaint fails to conform to an express rule of Court. Fourth Preliminary Objection- Pa. R.C.P. 1028(a)(5)- Plaintiff is stranger to Defendant 12. Pa. R.C.P. 2002(a) required that an action be brought by the real party in interest. 13. By failing to attach a copy of the necessary writing by which the Plaintiff would become the assignee of the account and thus the real party in interest or an agency agreement, the Plaintiff has failed to conform with the requirements of the aforesaid rule. 14. Plaintiff has not shown standing or capacity to sue Defendant. 15. Since this matter was not brought by the real party in interest it must be dismissed. Fifth Preliminary Objection- Pa.R.C.P. No. 1028(a)(2)- Failure to conform to rule of court (failure to attach written assignments of debt) 16. The Plaintiff is not the original creditor, but rather an alledged assignee of the original creditor. Comp. ¶ 1 and 3. Since the Plaintiff s right to maintain an action as an assignee is predicted upon written assignment or agency agreement, that writing must be attached to the Complaint, pursuant to Pa. R.C.P. 1019(1). 17. By failing to attach a copy of the assignment of the debt to the Plaintiff, the Complaint does not comply with an express rule of court, in violation of Pa. R.C.P. 1028(a)(2). See Remit Corporation v Miller 5 Pa. D&C 5th 43 and Capital One Bank v. Clevenstine, 7 Pa. D&C 5th 153 Sixth Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (Improper Verification) 18. Pa. R.C.P. 1024 required that every Complaint be verified by a Party, unless the party is without sufficient knowledge or information with which to verify, or, alternatively, that the party is outside the jurisdiction of the court and its verification cannot be obtained within the time allowed for pleading. Pa. R.C.P. 1024(c)(1) and (2). 19. The Complaint is verified by the attorney of record with no mention of the Plaintiff being outside the jurisdiction of the court and cannot be verified with in the time allotted for the pleading, WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiff's Complaint be dismissed with prejudice. Date:_. a_`g-- 0 Michael J. I.D. # 588: 2132 Market Street Camp Hill, Pennsylvania 17011 (717)975-9446 VERIFICATION I, Mary Hanley, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my personal knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: )?07?e? - M ey CACH, LLC, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-6295-Civil Term MARY HANLEY, Civil Action - Law Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant, Mary Hanley's, Preliminary Objections to Plaintiffs Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: CACH, LLC c/o David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Respectfully Submitte , Date:' 1 ?' f Michael J. P A o , I.D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant Our File No.: 320898 ? f - af?s (i:t ,:}11 SE?-2 P is 27 "JMDERLAND COUNTY PENNSYLVANIA APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CACH, LLC 4340 S MONACO STREET DENVER, CO 80237 Plaintiff, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 11-6295-CIVIL Civil Action MARY HANLEY 23 HOUSTON DR MECHANICSBURG, PA 17050 Defendant. NOTTC F. 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 Our File No.: 320898 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CACH, LLC 4340 S MONACO STREET DENVER, CO 80237 Plaintiff, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 11-6295-CIVIL MARY HANLEY 23 HOUSTON DR MECHANICSBURG, PA 17050 Defendant. AMENDED COMPLAINT FIRST COUNT Civil Action 1. Plaintiff is CACH, LLC ("Plaintiff'), 4340 S MONACO STREET, DENVER, CO 80237. 2. Defendant is MARY HANLEY ("Defendant"), an adult individual residing at 23 HOUSTON DR MECHANICSBURG, PA 17050. 3. Defendant applied for, received and used a credit account issued by MBNA AMERICA, N.A., account number ending in 9159 ("Account"), pursuant to a written agreement ("Agreement") 4. Copies of the Agreement and credit card statements for the Account are attached hereto and incorporated by reference herein. 5. Under the terms of the Agreement, Defendant was given the right to use the Account to make purchases, cash advances, and/or balance transfers. 6. Defendant, in return, promised to timely pay the principal balance accumulated plus interest, fees and penalties where applicable. 7. Defendant's use of the Account in the manner described above constituted acceptance of the terms of the Agreement. 8. Defendant defaulted under the terms of the Agreement by failing and refusing to make timely payments on the Account, although demand was made for same. 9. The Account was opened on or about July 30, 2002. 10. The last payment on the Account was recorded on or about March 01, 2010. 11. The attached credit card statements include a statement evidencing the last payment on the Account. 12. The Account was charged off on or about July 30, 2010 with an outstanding balance of $27,656.19. 13. The attached credit card statements include a statement evidencing the charge-off balance for the Account. 14. Plaintiff purchased the Account and presently owns and holds the Account. 15. Plaintiff has suffered monetary damages in the amount of $27,656.19. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $27,656.19 and requests this Court award costs to the extent permitted by applicable law. SECOND COUNT - QUANTUM MERUIT The averments contained in the First Count of Plaintiff's Amended Complaint are incorporated as though fully set forth herein: 16. Defendant opened an account with MBNA AMERICA, N.A., account number ending in 9159. 17. Defendant used, accepted and benefitted from the Account to MBNA AMERICA, N.A.'s detriment. 18. Defendant was aware that MBNA AMERICA, N.A. provided these benefits and expected to be paid in return 19. Under the circumstances, it is inequitable for defendant to retain the benefits of use of the Account without payment of value. 20. Plaintiff purchased the account and presently owns and holds the Account. 21. Plaintiff has suffered monetary damages in the amount of $27,656.19. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $27,656.19 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: i4J. Cavallaro, Esquire Dated: August 30, 2011 VERIFICATION I, Benjamin J. Cavallaro, Esquire, hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that I am counsel for Plaintiff in this action, that I make this Verification based upon the facts as supplied to me by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court, and that the facts set forth in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Enaa2ed in Debt Collection BY: amin J. Cavallaro, Esquire Date: August 30, 2011 Defendant's Name: MARY HANLEY Account Number: ending in 9159 Our File No.: 320898 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CACH, LLC 4340 S MONACO STREET DENVER, CO 80237 Plaintiff, vs. MARY HANLEY 23 HOUSTON DR MECHANICSBURG, PA 17050 Defendant. Civil Action CERTIFICATION OF SERVICE I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on August 30, 2011, I mailed a copy of Plaintiff s Amended Complaint by Regular mail to: MICHAEL PYKOSH, ESQUIRE 2132 MARKET ST CAMP HILL, PA 17011 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Euaaed in Debt Collection BY: t, L: } ti i 1UL iJ OTARY :.'.s 'ERLAIAD COUNTY ;E:MSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 11-6295-CIVIL J. Vavallaro, Esquire Dated: August 30, 2011 Platinum Plus for Business Cardholder Statement 266558 W 500020915920100315 Credit Limit SO Billing Date 03-15-10 Cash Limit $4,774 Days in Billing Cycle 28 Cash Advance Balance $0.00 Payment Due Date 04-11-10 Available Credit $0 Minimum Payment Due $2,451.93 New Balance 525,064.43 M LOUISE HANLEY 2215 MILLENIUM WAY Account Number: 5588 4650 0020 9159 Page I of 1 CARDHOLDER MESSAGES IN ACCORDANCE WITH YOUR CARDHOLDER AGREEMENT, YOUR ACCOUNT HAS BEEN MOVED INTO PENALTY RATE PRICING FOR MISSING TWO (2) CONSECUTIVE MINIMUM PAYMENTS. YOUR ACCOUNT WILL RETURN TO THE REGULAR INTEREST RATES AFTER YOU MAKE THE MINIMUM PAYMENT DUE ON-TIME FOR SIX (6) CONSECUTIVE MONTHS. YOUR ACCOUNT IS 60 DAYS PAST DUE AND HAS BEEN REFERRED TO OUR COLLECTIONS DEPARTMENT. PLEASE CONTACT US AT (866)729-9138. CARDHOLDER ACTIVITY Posting Sale Date Date Category Reference Number Transactions Amount 03-01 02-28 05981100000000596039396 MAKE A PAYMENT NOW 10.000R 03-08 03-08 OVERLIMIT FEE 39.00 03-12 03-12 LATE PAYMENT FEE 49.00 03-15 03-15 PURCHASE *FINANCE CHARGE* 516.78 Customer Service: Finance Charges Total Annual Percentage Rate 27.24% 800.673.1044, 24 hours Average Daily Annual Periodic www.bankofamerica.com Daily Periodic Percentage Finance Balance Rate Rate Charge the U S.: Outside Outside th . PURCHASES $24,730.21 0.07463% 27.24 /0 $516.78 hours 509.353.6656, 24 CASH $0.00 0.07463% 27.24% $0.00 For Lost or Stolen Card: 800.673.1044, 24 hours Send Billing Inquiries to: BANK OF AMERICA PO BOX 15184 WILMINGTON DE 19850.5184 Account Summary Previous Balance $24,469.65 Payments $10.00 Credits $0.00 Purcbases/Other + $0.00 Debits/Other Fees Cash Advances + $0.00 Ovedimit Fees + S39.00 Late Payment Fees + $49.00 Finance Charge + $516.78 New Balance = $25,064.43 Business Card Payment Coupon Bankof America Please 0 Check box and indicate address change on reverse. Enter Amount Account No. 5588 4650 0020 9159 Enclosed Payment Due Date 04-11-10 Make check or money order payable to: Minimum Payment Due 52.451.93 BUSVgM CARD New Balance 525.064.43 Mail payment to address below. ertllletrlllettetlel?lrl?ee?gel?ell?le?l??llelrllrltlelttle M LOUISE HANLEY CINEMAGIC 2215 MILLENIUM WAY ENOLA PA 17025-149715 558846500020915902451932506443 BUSINESS CARD PO BOX 15710 WILMINGTON DE 19886-5710 This is w alectonie reprocbetim ofyour statement and may not contain ill of the duclosurea incarded. ith youroriginal statement. 1ta f J?T9C Your Contract With Us Your Credit Card Agreement with us consists of these Additional Terms and Conditions and the document called the Required Federal Disclosures or the Initial Disclosure. You agree to the terms and conditions of this Agreement. For the purpose of the Privacy Notice, we will use the definitions con- tained in the Privacy Notice. For the remainder of the Agreement, we will use the definitions described under the section heading Words Used Often in This Agreement. Important In fomation About Your Financial Privacy MBNA is the world's largest independent credit card issuer. Our financial products and services are endorsed by thousands of organizations and financial institutions. We back our financial products and services with top quality service. Collecting and sharing information about you helps us do this. This notice explains MBNA's infor- mation collection and sharing practices and lets you choose whether MBNA may share certain information about you. This notice describes the privacy practices of MBNA Corporation and all its affiliates, including: MBNA America Bank, N.A. • MBNA America (Delaware), N.A. • MBNA Technology, inc. • MBNA Marketing Systems, Inc. • MBNA Insurance Agency, Inc. (We'll refer to these collectively as "MBNA:"), for financial products and services governed by the laws of the United States of America. Our Security Procedures Protect Your Information We work hard to keep information secure. For example, our information security policies: • Govern retention of sensitive information; • Restrictaccess to information systems; and • Specify password requirements. Our practices and procedures meet federal standards. Further, we share only the information we believe is needed to offer a product or service efficiently. Finally, we restrict the use of such information and require that it be kept secure. Information We Collect to Conduct Our Business We collect information about you to conduct our busi- ness and deliver the top quality service you expect. Sources include: • Information we receive from you. • Information we receive from third parties, such as consumer reporting agencies, to verify statements you've made to us, or regarding your employment, credit, or other relationships. • Information about your transactions with MBNA and with other companies. Information Shared Within MBNA We may share all the information we collect within MBNA. For example, we may share: • Identification information (such as name and address); • Transaction and experience information (such as purchases and payments); • Credit eligibility' information (such as credit reports); and • Other information. You may tell us not to share credit eligibility information about you within MBNA, as explained below in the section captioned, "Information Sharing: It's Your Choice ° Your choice will not affect the sharing of identification and transaction and experience information. Information Shared Outside of MBNA We may share all the information we collect with the following types of companies outside of MBNA: • Financial service companies (like banks, insurance companies, securities broker-dealers, and organizations with which we have joint marketing agreements); • Non-financial companies (like retailers, direct marketers, communications companies, travel companies, and organizations endorsing MBNA; • Companies performing marketing or other services for us (like data processing or direct mail services); and • Other companies (like nonprofit organizations). We may also share all of the information we collect with companies outside of MBNA as permitted by law. You may tell us not to share information about you with companies outside of MBNA, as explained below in the section captioned, "lnforma i Sig, .ts Your Choice." Your choice will not affect sharing with: • Companies performing marketing or other services for us; • Other financial institutions under joint marketing agreements; • Government entities in response to subpoenas or regulatory requirements; • Consumer reporting agencies; and • As otherwise permitted by law. Information Sharing: It's Your Choice we respect your choices related to privacy. You may tell us not to share credit eligibility information within MBNA and not to share information with companies outside of MBNA as described above. If you wish to opt out of such Information sharing, please call our toil free automated response tine at 1-866-751-1255. We will ask you to verify your identity and the specific accounts to which your opt out applies. Please have your account, membership, or reference numbers available when you call. For deposit accounts; please have your Social Security number or Taxpayer identification number available when you call. MBNA applies opt outs at the account level, not by individual Customer. When any person listed on an account opts out, we opt out the entire account. This includes co-applicants, joint account holders, and authorized users. MBNA follows these privacy practices if an account is closed or becomes inactive. Your opt out remains effective until revoked in writing. Federal law requires us to provide this notice on an annual basis, whether or not you previously opted out. Please remember that If you previously opted out an account you do Rot need to opt out that account again. important Information for Vermont Customers The information sharing practices described above are in accordance with Federal law. Vermont law places additional limits on sharing information about Vermont residents so long as they remain residents of Vermont. in accordance with Vermont law, MBNA will not share information we collect about Vermont residents to com- panies outside of MBNA except: • As permitted by law; To companies that perform marketing or other services on our behalf; • Name, contact and transaction and experience information (such as your account balance and payment history) to other financial institutions with which we have joint marketing agreements; or • With the authorization or consent of the Vermont resident. MBNA will not share credit eligibility information about Vermont residents within MBNA except with the authorization or consent of the Vermont resident. Updates and Additional Information This notice replaces any previous notices from MBNA about the privacy, security, and protection of information. For additional information regarding our Internet privacy practices, and to view the current version of this privacy notice, go to htt :1/ vw mbna com! rivacy html. You may have other privacy protections under state laws. We may amend this privacy notice at any time. We will inform you of changes as required by law. Tips to Protect Your Information MBNA works bard to keep your information secure. You can help by following these tips to protect your information-, • Store personal information in a safe place and tear up or shred old receipts and account statements before throwing them away. Protect your PINS and other passwords. Do not share them with anyone unless it's for a service or transaction you request and you are confident the other party will protect the information as you would. • Carry only the minimum amount of identifying information you require. • Pay attention to billing cycles and statements. Inquire if you do not receive a bill. • Check account statements carefully to ensure all charges, checks, or withdrawals are authorized. • Guard your mail from theft. Do not leave bill payment envelopes in your mailbox with the flag up. instead, deposit there in a post office collection box or at the local post office. Promptly remove incoming mail. Order copies of your credit report from each of the three major credit bureaus once a year to ensure they are accurate. The law permits the credit bureaus to charge up to $8.00 for a copy of the report (unless you dive in a state that requires the credit bureaus to provide you with one free copy of your report annually). • if you believe you are a victim of identity theft take immediate action and keep records of your conversations and correspondence. White the steps you must take will vary with your individual circumstances, three basic actions are appropriate in almost every case: ¦ Contact the creditors for any accounts that have been tampered with or opened fraudulently. ¦ Contact the fraud departments of each of the three major credit bureaus: Equifax: 1-800-525-6285 P.O. Box 740241, Atlanta, GA 30374-0241 Experian: 1-888-397-3742 P.O. Box 9532, Allen, TX 75013 Trans Union: 1-800-680-7289 P.O. Box 6790, Fullerton, CA 92834 ¦ File a report with your local police or the police in the community where the identity that took place and get a copy of the police report. Although many consumers appreciate the convenience and customer service of direct marketing: If you prefer not to receive pre-approved offers of credit, you can opt out of such offers by calling 1-888-5-OPT OUT. If you want to remove your name from many national direct mail lists, send your name and address to:. DMA Mail Preference Service P.O. Box 643 Carmel, NY 10512 If you want to reduce the number of telephone solicitations from many national marketers, send your name, address and telephone number to: DMA Telephone Preference Service P.O. Box 1559 Carmel, NY 10512 From "ID Theft: When Bad Things Happen to Your Good Name", Federal Trade Commission, February 2002 Words Used Often in This Agreement "Agreement" or "Credit Card Agreement"' means these Additional Terms and Conditions and the Required Federal Disclosures (or the Initial Disclosure) and any changes we make to those documents from time to time. "You" and `your` mean each and all of the persons who are granted, accept or use an account we hold. "You' and "your" also mean any other person who has guaranteed payment of this account, when used in the sections entitled, We May Monitor and Record Telephone Calls, and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (Your Promise to Pay, and How We Allocate Your Payments, for example). We," "us ° "our" and "MBNA America" mean MBNA America Bank, N.A. "Card" means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. "Access check" means an access check we provide to you to make a Check Cash Advance on your account. If we use a capitalized term in this document but we do'not define the term in this document, the term has the meaning given in the Required Federal Disclosures or the Initial Disclosure, or as used in your monthly statement. We use section headings (such as, %fords Used Often in This Agreement) to organize this Agreement. The actual terms of this Agreement are in the sentences that follow and not the headings. Sign Your Card You sho a sign your card before you use it. We May Monitor and Record Telephone Cates You consent to and authorize MBNA ,America, any of its affili- ates. or its marketing associates to monitor and/or record any of your telephone conversahons with our representatives or the representatives of any of those companies. Credit Reporting Agencies You authorize MBNA America to collect information about you - including credit reports from consumer reporting agencies. If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting agency, write us at: MBNA, Credit Reporting Agencies, PO. Box 17054, Wilmington, DE 19884-7054_ Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete; How to Use Your Account You may obtain credit in the form of Purchases and Cash Advances by using cards, access checks, your account number, or other credit devices. Please refer to your Required Federal Disclosures or Initial Disclosure to determine what transactions constitute Purchases and Cash Advances and how you may obtain them. Transaction Dit Certain Cash Advances The transaction date for Check Cash Advances and Balance Transfers done by check is the date you or the person to whom the check is made payable first deposits or cashes the check. The transaction date for a returned payment (a Bank Cash Advance) is the date that the corresponding payment posted to your account. Purposes for using Your Account You may use your account for personal, family, or household purposes. You may not use your account for business or com- mercial purposes. You may not use a Check Cash Advance, or any other Cash Advance, to make a payment on this or any other credit account with us. You may not use or permit your account to be used to make any illegal transaction, Persons Using Your Account If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transac- tions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. How You May Stop Payment on an Access Check You may request a stop payment on an access check by providing us with the access check number, dollar amount, and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. You May Not Postdate an Access Check You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person that pre- sented it to us for payment, without in either case waiting for the date shown on the access check We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take Your Promise to You promise to pay us the amounts of all credit you obtain, which includes all Purchases and Cash. Advances. You also promise to pay us all the amounts of finance charges, fees, and any other transactions we charge against your account. Payments on Your Account You must pay each month at least the Total Minimum Payment. Due shown on your monthly statement by your Payment Due Date. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. Payment of your Total Minimum Payment Due may not avoid the assessment of Overlimit Fees. Generally, credits to your account, such as those generated by mer- chants or by person-to-person money transfers, are not treated as payments and will not reduce your Total Minimum Payment Due. When Your Payment Will Be Credited to Your :Account We credit payments as of the date received, if the payment is: (1) received by 2 p.m. (Eastern Time); (2) received at the address shown in the upper left-hand corner of the front of your monthly statement, (3) paid with a check drawn in U.S. dollars on a U.S, financial institution or a U:S. dollar money order; and (4) sent in the return envelope with only the top portion of your statement accompanying it. Payments received after 2 p.m. on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. Haw We Allocate Your Payments We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (including transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with lower APRs (such as new balances with promotional APR offers) being paid before any other existing balances. Promise to Pay Applies to All Persons All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstanding balance. We may refuse to release from liability any person who is responsible to pay any total outstanding balance, until all of the cards, access checks, and other credit devices outstanding under the account have been returned to us, and any such person or persons repays us the total outstanding balance owed to us at any time under the terms of this Agreement. DerauIt You will be in default of this Agreement if: (l) you fail to make any required Total Minimum Payment due by its Payment Due Date, (2) your total outstanding balance exceeds your credit limit; or (3) you fail to abide by any other term of this Agreement. Solely for the purposes of determining eligibility and premium payment obligations for the optional credit insurance purchased through MSNA, you will be deemed in default or delinquent if you fail to make a payment within 90 days of your Payment Due Date. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. When We Ma Require Immediate Pa meat if you are in default we can require immediate payment of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee. Other Payment Terms We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, including those marked with "Paid in full" or with any other restrictive words, shall operate as an accord and satisfaction without the prior writ- ten approval of one of our senior officers. You may nonuse a postdated check to make a payment, if you do postdate a pay- ment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it, without in either case waiting for the date shown on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. Payntent Holidays We may allow you, from time to time, to omit a monthly pay- ment. We will notify you when this option is available. If you omit a payment, finance charges and any applicable fees will accrue on your account in accordance with this Agreement. You must resume making your Total Minimum Payment Due each month following a payment holiday, Transactions Made to Foreign Currencies If you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard International, depending on which card you use, into a U.S. dollar amount in accordance with the operating regulations or conversion proce- dures in effect at the time that the transaction is processed. Currently, those regulations and procedures provide that the cur- rency conversion rate to be used is either (I) a wholesale market rate or (2) a government-mandated rate in effect one day prior to the processing date, increased by one percent in each case. Visa or MasterCard retains this one percent as compensation for per- forming the currency conversion service. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. Bitjlina Cudte Your billing cycle ends each month on a Closing pate deter pined by us. Each billing cycle begins on the day after the 'losing Date of the previous billing cycle. Each statement ef3ects a single billing cycle. kccount Fees and Charges Account Fees: The following fees, which are set forth in your required Federal Disclosures or Initial Disclosure, are assessed as )urchases in the billing cycle in which the fees accrue: 1) a Late Fee if the Total Minimum Payment Due shown on your nonthly statement is not received by us on or before its 'ayment Due Date; 2) an Overlimit Fee if your total outstanding balance exceeds ,our credit limit on the Closing Date of a billing cycle, even if ees or finance charges assessed by us cause your total out- ;tanding balance to exceed your credit limit; an Overlimit Fee is issessed to your account as of the clay in the billing cycle that your otal outstanding balance e=xceeds your credit limit; 31 a Returned Payment Fee if a payment on your account is ?eturned for insufficient funds or for any other reason, even if it s paid upon subsequent presentment; 4) a Returned Cash Advance Check Fee if we return an access --heck unpaid for any reason; even if the access check is paid .upon subsequent presentment; 5) a Copy Fee for each copy of amonthly statement or sales draft, except that the six most recent monthly statements and aix sales drafts will be provided for free; and l6) an Annual Fee if your account is open or if you maintain an .3ccount balance, whether you have active charging privileges or not. Abandoned' Property Charges. Unless prohibited by applicable law, we will charge your account, as a Purchase, for any costs incurred by us associated with complying with state abandoned property laws. Please review your Required Federal Disclosures or Initial Disclosure for additional fees and charges that may apply to your account. Bene is We may offer you certain benefits and services with your account. Unless expressly made a part of this Agreement, any such benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of MBNA America. We may adjust, add, or delete benefits and services at any time and without notice to you. fitsal to Honor Your Account We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account- We are not liable for any reten- tion of your card by us, any other bank, or any provider of goods or services. We May Suspend or Close Your Account We may suspend or close your account or otherwise termi- nate your right to use your account. We may do this at any time and for any reason. Your obligations under this Agreement con- tinue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. You May Close Your Account -- You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other cred- it devices on the account- Your obligations under this Agreement continue even after you have done this. Transactions After Your Account Is Closed When your account is closed, you must contact anyone author- ized to charge transactions to your account, such as internet serv- ice providers, health clubs or insurance companies. These transac- tions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to your account. We May Amend This Agreement We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement. When we amend this Agreement we will comply with the appli- cable notice requirements of federal and Delaware law that are in effect at that time. If an amendment gives you the opportuni- ty to reject the change and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and mayi ask you to return all credit devices as a condition of your rejection. The amended Agreement (including any higher rate or other higher charges or fee: i will apply to the total outstanding balance, including the balance existing before the amendment became effective. We may replace your card with another card at any time. We May Sell Your Account We may at any time, and without notice to you, sell, assign or transfer your account, any sums due on your account, this Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all of our rights and/or obligations under this Agreement, to the extent sold, assigned or transferred. Your Credit Umit Your credit limit is disclosed to you when you receive your card and, generally, on each monthly statement. We may change your credit limit from time to time. The amount shown on your monthly statement as Cash or Credit Available does not take into account any Purchases, Cash Advances, finance charges, fees, any other transactions, or credits which post to your account after the Closing Date of that monthly statement. Such transactions could result in your credit limit being exceeded and result in the assessment of Overlimit Fees. What We May Do if You Attempt to Exceed Your Credit Limit The total outstanding balance on your account plus authori, zations at any time must not be more than your credit limit. if you attempt a transaction which results in your total outstand- ing balance (plus authorizations) exceeding your credit limit, we may: (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transac- tion that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the per- son who attempted the transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. if we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit, we nay charge an Overlimit Fee as provided in this Agreement. Unauthorized Use of Your Card Please notify us immediately of the loss, theft, or possible inauthorized use of your account at 1-800-421-2110. You Midst Notify Us When You Change Your Address We strive to keep accurate records for your benefit and ours. the post office and others may notify us of a change to your address. When you change year address, you must notify us 'promptly of your new address. What Law Applies This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict of laws prin- ciples) and by any applicable federal laws. The Provisions of This Agreement are Severable If any prevision of this Agreement is found to be invalid, the remaining provisions will continue to be effective. Our Rights Continue Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. Arbitration and L This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute ("Claire') byeither you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties, or declaratory or equitable relief), including Claims regarding the applicability of this Arbitration and Litigation section or the validity of the entire Agreement or any prior Agreement, shall be resolved by binding arbitration. The arbitration shall be conducted by the National Arbitration Forum ("NAP'), under the Code of Procedure in effect at the time the Claim is filed, Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www arb-forum com, or P.O. Box 50191, Minneapolis, Minnesota 55405, telephone 1-840-474-2371 _ if the NAF is unable or unwilling to act as arbitrator, we may substi- tute another nationally recognized, independent arbitration organization that uses a similar code of procedure: At your writ- ten request, we will advance any arbitration filing fee, or adminis- trative and hearing fees which you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those fees. In no event will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial In district that includes your billing address at the time the Claim is Filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-15 ("FAA"), ludgment upon any arbitration award may be entered in any court having juris- diction, The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests; the arbitrator shall write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by a jury and no Claim may be brought as a class action or as a private attorney general. You do nothave the- right to act as a class representa- tive or participate as a member of a class of claimants with respect to any Claim. This Arbitration and Litigation section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you. any bankruptcy by you or sale of the debt by us. For the purposes of this Arbitration and Litigation section, "we" and "us" means MIBNA America Bank, N.A., Its parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and any purchaser of your account, and all of their officers, directors, employees, agents and assigns or any and all of them, Additionally, "we" or -us" shall mean any third party providing benefits, services, or products in connection with the account (including but not limited to credit bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services, credit insurance companies, debt collectors and all of their officers, directors, employees and agents) if, and. only if, such a third party is named by you as a co-defendant in any Claim you assert against us. If any part of this Arbitration and Litigation section is found to be invalid or unenforceable under any law or statute consistent with the FAA, the remainder of this Arbitration and Litigation sec- tion shall be enforceable without regard to such invalidity or unentorceability. THE RESULT OF THIS ARBITRATION AGREEMENT IS THAT, EXCEPT AS PROVIDED ABOVE, CLAIMS CANNOT BE LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY, AS CLASS ACTIONS OR AS PRI- VATE ATTORNEY GENERAL ACTIONS. 02002 MBNA America Bank, N.A. All rights reserved AGMT90 (Revised. 8/2002) r ti , Our File No.: 320898 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CACH, LLC vs. Plaintiff MARY HANLEY Defendant {L1. :! t?E 1 ???? 711-1"E PROTHONOT/., ; 2011 OCT 14 PH 1: i '3 CUMBERLAND COUNT`' PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 11-6295-CIVIL Civil Action PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification in place of the Attorney's Verification on the Amended Complaint. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Fir gaged in Debt Collection BY: i:fmin J Dated: October 12, 2011 a Our File No.: 320898 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CACH, LLC VS. Plaintiff MARY HANLEY Defendant Civil Action CERTIFICATION OF SERVICE I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on October 12, 2011, I mailed a copy of Plaintiff s Praecipe to Substitute Verification to: MICHAEL PYKOSH, ESQUIRE 2132 Market St Camp Hill, Pa 17011 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: 1.1 1 B j in . C squire COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 11-6295-CIVIL Dated: October 12, 2011 VERIFICATION PETER HUBEH hereby states that I am Authorized Attie i for plaintiff, CACH, LLC, 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 to unsworn falsification to authorities. BY: Date: DCT 10 ZQII Defendant's Name: MARY HANLEY Account Number: ending in 9159 CACH, LLC, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-6295-Civil Term MARY HANLEY, Civil Action - Law Defendant NOTICE TO PLEAD Z LLC To: CACH , c/o Benjamin J. Cavallaro, Esquire C-o Apothaker & Associates, P.C. ; C? 520 Fellowship Road C306 Q) - - -, Mount Laurel, NJ 08054 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Date: Z1 t l Respect 1 fitted, M' e ykosh, Esquire I.D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 movkosh.'dadnlalaw,com Attorney for Defendant CACH, LLC, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-6295-Civil Term MARY HANLEY, Civil Action - Law Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes the Defendant, Mary Hanley, by and through her attorneys Dethlefs- Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files her Preliminary Objections to the Plaintiff's Amended Complaint, and avers as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by MBNA America, N.A. Comp. ¶ 1 and 3. 2. The Complaint was filed on August 8, 2011. 3. Defendant filed Preliminary Objections on August 22, 2011. 4. Plaintiff filed an Amended Complaint on September 2, 2011 to which Defendant files Preliminary Objections which are now before the honorable court. First Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (failure to state whether agreements is oral or written, state its terms, and/or attach written contract upon which the claim is based) 5. The Amended Complaint avers the existence of some type of credit account between the Defendant and an original creditor. 6. Pursuant to Pa. R.C.P. 1019(h), where a claim asserted is based upon an agreement, the pleading must state whether the agreement is oral or written. 7. Pursuant to Pa. R.C.P. 1019(i), if the agreement is written, it must be attached to the pleading or, if not, the pleader must explain its absence and set forth the substance of the agreement. More specifically, Plaintiff has failed to attach the original Loan/Credit Agreement signed and dated, including both original and amended terms and conditions applicable to the credit card agreement. Asset Acceptance, LLC v Margaret Madden Order dated March 18, 2009, No. 2912 of 2008 GD (Fayette County 2009) citing Atlantic Credit & Finance, Inc. i, Guiliana, 829 A.2d 340 (Pa. Super. 2003). Plaintiff has also failed to attach "other periodic mailings detailing changes to the terms of the contract Remit Corporation v Miller, 5 Pa. D&C 5th 43, 45 (Centre Cty., 2008) 8. The Plaintiff has failed to describe the terms of the agreement, nor has it attached a copy of the original written agreement. Second Preliminary Objection- Pa. R.C.P. No. 1028(a)(4)- Demurrer 9. The Plaintiff has failed to allege facts sufficient to maintain a cause of action for Breach of Contract. Third Preliminary Objection- Pa. R.C.P. No. 1028(a)(3)- Insufficient Specificity 10. The Amended Complaint contains only a general assertion of the amount the Plaintiff claims is owed by the Defendant. It provided no detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the dates or amounts of payments, nor dates of accrual and amounts of interest charges and other fees. 11. Pa. R.C.P. No. 10 19 and Pa. R.C.P. 1028(a)(3) require that the above detail be included in a Complaint of this type. 12. By not including the requisite detail of the account, the Amended Complaint fails to conform to an express rule of Court. Third Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (Improper Verification) 13. Pa. R.C.P. 1024 required that every Complaint be verified by a Party, unless the party is without sufficient knowledge or information with which to verify, or, alternatively, that the party is outside the jurisdiction of the court and its verification cannot be obtained within the time allowed for pleading. Pa. R.C.P. 1024(c)(1) and (2). 14. The Amended Complaint is verified by the attorney of record with no mention that the Amended Complaint cannot be verified with in the time allotted for the pleading, WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiff s Amended Complaint be dismissed with prejudice. Respect Submitted, Date: l 2 I Mica ykosh, Esquire I.D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant CACH, LLC, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . V. No: 11-6295-Civil Term MARY HANLEY, Civil Action - Law Defendant . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Preliminary Objections to Plaintiffs Amended Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: CACH, LLC c/o Benjamin J. Cavallaro, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Date: 2 Respe 1 bmitted, Michae . Pykosh, Esquire I.D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant F',110-OFFICE GE THE PROTHONOTARY 2012 JAN 10 AM 11: 41 CUMBERLAND COUNTY PENNSYLVANIA Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mr)xkoshL&dplglaw.com Attorney for Defendant CACH, LLC, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-6295-Civil Term MARY HANLEY, Civil Action - Law Defendant To: CACH, LLC c/o Benjamin J. Cavallaro, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may bee ered against you. - '-/? -1-1 Mi a J. P , Esquire Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpvkosh,,&dplglaw.com Attorney for Defendant CACH, LLC, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-6295-Civil Term MARY HANLEY, Civil Action - Law Defendant ANSWER TO PLAINTIFF'S AMENDED COMPLAINT WITH NEW MATTER AND NOW, comes the Defendant, Mary Hanley, by and through her attorneys, Dethlefs-Pykosh Law Group, by Michael J. Pykosh, Esquire, who responds to Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. Denied. It is denied that Defendant applied for, received and used a credit account issued by MBNA AMERICA, N.A., account number ending in 9159, pursuant to a written agreement. 4. Denied. The documents attached to the Complaint are written documents and as such speak for themselves. 5. Denied. After reasonable investigation, Defendant is without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 5 of Plaintiff's Amended Complaint. 6. Denied. The averments as set forth in Paragraph 6 contain conclusions of law to which no response is required. 7. Denied. The averments as set forth in Paragraph 7 contain conclusions of law to which no response is required. 8. Denied. The averments as set forth in Paragraph 8 contain conclusions of law to which no response is required. 9. Denied. The averments as set forth in Paragraph 9 contain conclusions of law to which no response is required. 10. Denied. After reasonable investigation, Defendant is without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 10 of Plaintiff's Amended Complaint. 11. Denied. After reasonable investigation, Defendant is without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 11 of Plaintiff's Amended Complaint. 12. Denied. The documents referred to as attached Credit Card Statements are written documents and as such speak for themselves. 13. Denied. After reasonable investigation, Defendant is without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 13 of Plaintiff s Amended Complaint. 14. Denied. The documents referred to as attached Credit Card Statements are written documents and as such speak for themselves. 15. Denied. After reasonable investigation, Defendant is without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 15 of Plaintiff's Amended Complaint. 16. Denied. The documents referred to in Paragraph 16 are written documents and as such speak for themselves. 17. Denied. The averments as set forth in Paragraph 17 contain conclusions of law to which no response is required. WHEREFORE, the Defendant, Mary Hanley, demands judgment in her favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just and thereby requests Plaintiff s action against Defendant to be dismissed. SECOND COUNT - QUANTUM MERUIT The averments contained in responses 1-17 of the Defendant's Answer to Plaintiff's Amended Complaint are incorporated as though fully set forth herein. 18. Denied. It is denied that Defendant opened an account with MBNA AMERICA, N.A., account number ending in 9159. 19. Denied. The averments as set forth in Paragraph 19 contain conclusions of law to which no response is required. 20. Denied. The averments as set forth in Paragraph 20 contain conclusions of law to which no response is required. 21. Denied. The averments as set forth in Paragraph 21 contain conclusions of law to which no response is required. 22. Denied. The averments as set forth in Paragraph 22 contain conclusions of law to which no response is required. 23. Denied. The averments as set forth in Paragraph 23 contain conclusions of law to which no response is required WHEREFORE, the Defendant, Mary Hanley, demands judgment in her favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just and thereby requests Plaintiff's action against Defendant to be dismissed. DEFENDANT'S NEW MATTER The Defendant, Mary Hanley, sets forth the following New Matter to Plaintiff's Amended Complaint: 24. The averments contained in responses 1-23 of the Defendant's Answer to Plaintiff's Amended Complaint are incorporated as though fully set forth herein. 25. The claims made by Plaintiff are barred by the applicable Statute of Limitations. 26. The claims made by Plaintiff are barred by the Doctrine of Accord and Satisfaction. 27. The Plaintiff's claim based in Quantum Meruit is barred pursuant to Lustfeld v. Mine, 5 Pa. B&C 5th 469 citing Wilson Area School District v. Skepton, 586 Pa. 513 (2006) 28. Plaintiff s Complaint fails to include a proper verification as required by Pa. R.C.P. 1024(c). 29. Plaintiff's actions may be barred by the Doctrine of Estoppel. 30. Plaintiff's actions may be barred by the Doctrine of Unclean Hands. 31. Defendant believes and therefor avers that Defendant is not the party responsible to pay the debt which is the subject of Plaintiff's Amended Complaint. WHEREFORE, the Defendant, Mary Hanley, demands judgment in her favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just and thereby requests Plaintiff's action against Defendant to be dismissed. Respectfully Submitted, Dated: {-q- 2ot2_ By: chael J. Pykosh, Esquire VERIFICATION I, Mary Hanley, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: / 9 `/,?- M Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 rnpvkosh'.?dnlglaw.com Attorney for Defendant CACH, LLC, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-6295-Civil Term MARY HANLEY, Civil Action - Law Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ANSWER and NEW MATTER, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: CACH, LLC c/o Benjamin J. Cavallaro, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Respectfully Submitted, Dated: 1-9 - Zo 1 By: Michael J. Pykosh, Esquire Our file No.: 320898 c? APOTHAKER & ASSOCIATES, P.C. '" --? BY: Jordan W. Felzer, Esquire rn m C- `JMi= - Attorney I.D.# 38670 N r- 1 520 Fellowship Road C306 NJ 08054 Mount Laurel , (800) 672-0215 ?} e ` .,. Attorneys for Plaintiff r v COURT OF COMMON PLEAS OF CACH, LLC ) CUMBERLAND COUNTY Plaintiff, ) DOCKET NO.: 11-6295-CIVIL vs. ) MARY HANLEY ) Civil Action Defendant. ) ANSWER TO NEW MATTER Plaintiff, CACH, LLC, by and through their attorney, answers the following New Matter: 24. No responsive pleading is required. 25. Denied. Plaintiff s claim is not barred by the applicable Statute of Limitations. 26. Denied. Plaintiff s claim is not barred by the Doctrine of Accord and Satisfaction. 27. Denied. This paragraph contains a conclusion of law to which no responsive pleading is required. 28. Denied. Plaintiff s verification complies with Pa. R.C.P. 1023.1. 29. Denied. Plaintiff's claim is not barred by the Doctrine of Estoppel. 30. Denied. Plaintiffs claim is not barred by the Doctrine of Unclean Hands. 31. Denied. All injuries and damages to the Plaintiff were caused in whole by the Defendant. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. orneys for Plaintiff A Law Fite Engaged in Debt CoDJretiM BY: W. Felzer, Esquire DATED: January 17, 2012 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 an W. Felzer, Esquire A rnev for Plaintiff DATE: January 17, 2012 Our file No.: 320898 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. MARY HANLEY Defendant. DOCKET NO.: 11-6295-CIVIL Civil Action CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on January 17, 2012, I mailed a copy of the Answer to New Matter by Regular mail to MICHAEL PYKOSH, ESQUIRE 2132 MARKET ST CAMP HILL, PA 17011 Date: January 17, 2012 Michael J. Pykosh, Esquire ~ {'' , ; =- ID # 58851 LLG ~~ ~ ~ ~'7 ~' !~ Dethlefs-Pykosh Law Group ~ `°'' ~ r , 2132 Market Street 4 ; a '`` ° ~ ~ ' '' ~'-E Camp Hill, Pennsylvania 17011 ~' -~ , ~ ; I ` a .; ., u ° ' Telephone - (717) 975-9446 r ~,, ~ ~ ~ =, k ~ ` ' "'' ~ ~ ; ~ U; ' 1 _ ~ ~ ' ~' ! Fax - (717) 975-2309 ~ - ~ ~ -~ : ~^ mgvkosh dplglaw.com Attorney for Defendant CACH, LLC, : COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No: 11-6295-Civil Term MARY HANLEY, Civil Action -Law Defendant NOTICE TO ATTEND To: Corporate Representative of CACH, LLC, with the knowledge to testify to and be cross examined relative to the documents to be admitted into evidence pursuant to PA R.C.P. 1305: (1) You are directed to come to the Second Floor Hearing Room of the Old Cumberland County Courthouse, Carlisle, Pennsylvania, on Tuesday, February 5, 2013 at 9:30 A.M., the time and place scheduled for arbitration of the above matter to testify on behalf of Plaintiff at the request of Defendant in the above case, and to remain until excused. (2) And bring with you the following: Documents to be used as exhibits or intended to be admitted into evidence by PA R.C.P.1305 or otherwise by Plaintiff. If you fail to attend or to produce the documents or things required by this Notice to Attend, you may be subject to the sanctions authorized by Rule 234.5 of the Penn ylvania Rules of Civil Procedure. Date: ~ ~ ~~.- Z Michael J. Pykos ,Esquire I . D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant Michael J. Pykosh, Esquire I D # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpvkosh dpl4law.com Attorney for Defendant CACH, LLC, :COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. MARY HANLEY, No: 11-6295-Civil Term Civil Action -Law Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice to Attend, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: CACH, LLC c/o David J. Apothaker, Esquire Benjamin J. Cavallaro, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 PO Box 5496 Mt. Laurel, NJ 08054 Date:~~ ~? Respectfully Submitted, Michael J. Pykosh, Esquire I . D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant