Loading...
HomeMy WebLinkAbout11-9017Our File No.: 330923 DISCOVER BANK ) Plaintiff ) vs. ) CYNTHIA.1 NAUGHT ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2011-9017-CIVIL Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: (9 C") A- ; rn 2M 3M- ' f*1 -- °j` ? ; 3> _ - c 1- C-11 ` Benjamin J. Cavallaro, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $8553.65. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff Benjamin J. Cavallaro, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. It, S-0 Respect! Submitted, Al 53714 March 6, 2012 Benj min J. avallaro, Esquire ORDER OF COURT AND NOW, o? 20Q, in consideration of the foregoing petition, 19,yi _ Esq., and >Z& /' 1_ Esq., 01 and ?Q. Esq., are appointed arbitrators in the above captioned action { i 5 as prayed or. Z =# P-0 By the Court -? N- /. ole, &P ?e-s SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FILED-OFFICE L ?¢. F THE RROTHONOTAR,,.I, 20" DEC 28 PM 12:41 CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Cynthia J. Haught Case Number 2011-9017 SHERIFF'S RETURN OF SERVICE 12/19/2011 03:55 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 19, 2011 at 1555 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Cynthia J. Haught, by making known unto herself personally, at 25 Bellaire Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing t her personally the said true and correct copy of the same. i L BARRI , DEPUTY SHERIFF COST: $34.00 December 20, 2011 SO ANSWERS, RON r R ANDERSON, SHERIFF of Coun'.ySuite Sheriff, I e;eosa!t. Irc IN THE COURT OP?FCOMMON PLEAS ?u rj TY DISCOVER BANK Plaintiff, VS. CYNTHIA J. HAUGHT FiLED-OFFICE OF THE PROTHONO TAr ` 2011 DEC 30 PM 2: 4 5 CUMBERLAND COUNTY PENNSYLVANIA NO. 11-9017 CIVIL WRITTEN APPEARANCE OF DEFENDANT I HEREBY enter my appearance and deny the claim of the plaintiff(s). Further I intend to defend to myself in this case. 0.u n? l ?auc-4 M DE t ENDANT (PRINT NAME) D5 CURRENT ADDRESS (i pa t © ? CITY STATE ZIP CODE 4? 1) z -??5 ? HONE NUMBER Cumberland County Offices Clerk of Courts 1 Courthouse Square Carlisle, PA 17013 Plaintiff: DISCOVER BANK co APOTHAKER & ASSOCIATES, P.C. Defendant: CYNTHIA J. HAUGHT 25 Bellaire Ave Carlisle, PA 17013 FILED-OFFICE C? THE O?',???`,' IN THE COURTOF COMMON PLEAS CUMBERLAND COUNTY DEC 30 PM 2: 45 CUMBERLAND COUNTY PENNSYLVANIA DISCOVER BANK, CASE NO.: 11-9017 CIVIL Plaintiff, VS. CYNTHIA J. NAUGHT, Defendant(s). ANSWER AND AFFIRMATIVE DEFENSES The Defendant, Cynthia J. Haught, for my Answer and Affirmative Defenses, answers the Plaintiff's claim as follows: 1. Defendant denies each allegation in the Complaint including any claim for attorney fees, and prays that the Plaintiff take nothing. 2. Defendant denies that the amount owed as alleged by the Plaintiff, and states that the Plaintiff has not properly verified the debt and/or provided sufficient proof, lacks the standing to sue, and demands strict proof thereof. AFFIRMATIVE DEFENSES UNCLEAN HANDS 3. One of Plaintiff's business practices is to extend credit to people that they either know or should know will have no ability to repay such debt. 4. Plaintiff engages in this business practice for the purpose of increasing the assets on its balance sheet to make itself more attractive to its shareholders and prospective shareholders. 5. Plaintiff has a blatant disregard for the ability of its credit consumers to repay such debts and freely gives out credit to bolster its balance sheet. r 6. This practice of getting people into debt that they know or should know will have no ability to repay is an unethical and unfair business practice giving the Plaintiff unclean hands. 7. The claims asserted against Defendant are barred by the unclean hands doctrine. LACHES 8. The late fees and interest charges charged by Plaintiff are quite high making it rather attractive for Plaintiff to sit on its rights for as long as possible before filing suit. 9. It is inequitable to allow Plaintiff to bring this suit where it sat on its rights for such a long period of time for the sole purpose of accruing unwarranted interest charges and late fees. 10. Because of this reason, Defendant asserts that Plaintiff's claim is barred by laches. 11. Defendant reserves the right to add such other affirmative defenses as may become known to it through the course of its discovery and investigation of this matter. WHEREFORE, Defendant requests that the relief requested in Plaintiff's Complaint be denied in its entirety and for all other relief this Honorable Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been provided by U.S. Mail postage prepaid, to the Clerk of the Court and to Plaintiff's attorney at the address stated in the Complaint this Q q day of b4Z * 2011. i omuma&'l &w("hj- CyAthia J. Haught' 25 Bellaire Ave Carlisle, PA 17013 Our file No.: 330923 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 DISCOVIR BANK Plaintiff, vs. CYNTHIA J HAUGHT Defendant. ICE r- FILED pl tO?NON T 2a1? ??N-9 Pt1 1.36 CUMBER- YL? AN ??Y pENNS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 2011-9017-CIVIL Civil Action ANSWER TO NEW MATTER Plaintiff, DISCOVER BANK, by and through their attorney, answers the following New Matter: 3-7. Denied. Plaintiffs claim is not barred by the Doctrine of Unclean Hands. 8-11. Denied. Plaintiff s claim is not barred by the Doctrine of Laches. W IIEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Fign Engaged in Debt Collection BY: W. Felzer, Esquire DATED: January 4, 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. DATE: 1/4/2012 Our file No.: 330923 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 DISCOVER. BANK Plaintiff, vs. CYNTHIA J HAUGHT Defendant. Civil Action CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on 1/4/2012, I mailed a copy of the Answer to New Matter by Regular mail to CYNTHIA J HAUGHT 25 BELLAIRE AVE CARLISLE, PA 17013-9699 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 2011-9017-CIVIL Date: 1/4/2012 Our File No.: 313 )0923 DISCOVER BANK ) Plaintiff ) vs. ) CYNTHIA J NAUGHT ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2011-9017-CIVIL Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: c? G MW zm Z? ?r -cam Tr C-a zC_- z N %D -a a N ,_.-, rn F roe;; Qom, M, Benjamin J. Cavalla.ro, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $8553.65. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff Benjamin J. Cavallaro, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. RespectfFN Submitted, j371 March 6, 2012 Benj min J. avallaro, Esquire ORDER OF COURT AND NOW, 20/4, in consideration of the foregoing petition, Esq., and Esq., and &Uq&x Esq., are appointed arbitrators in the above captioned action as prayed or. M co ,. ..,? cnr-- ?? rr-, By the Court, ?Yn ?/-? } ru iTh PROTH(?N0TijF? ZQIZMAY -4 AM 9: 31 IN THE COURT O CO O DISCOVER BANK C/O DB SERVICING, Plaintiff VS. CYNTHIA J. HAUGHT Defendant TO THE PROTHONOTARY Please enter my appea hearing in addition to current, May 4, 2012 9 OF CUMBERLAND COUNTY PENNSYLVANIA ?ATION No.: 11-9017 CIVIL ENTRY OF APPEARANCE on behalf of the Plaintiff as trial counsel for today's arbitration counsel of record for the Plaintiff, David J. Apothaker, Esq. Philip L. q. I '`- Attorney o etitioner Attorney ID No. 47499 Zulli Vehicle and Traffic Law 155 Grandview Road Hummelstown, PA 17036 717-566-8585 717-566-2373 Fax Zullikmsn.com IN THE COURT OF COMN DISCOVER BANK CIO DB SERVICING CORPO Plaintiff VS. CYNTHIA J. HAUGHT Defendant I, PHILIP L. ZULLI, ESC a copy of the foregoing Entry of MMON PLEAS OF CUMBERLAND COUNTY 1WEALTH OF PENNSYLVANIA TION No.: 11-9017 CIVIL certify that I am serving on the date and method noted below to the following parties and interested persons: By Personal Service at the Arbitration Hearing: Cynthia J. Haught Samuel L. Andes, Esq. BY U.S. MAIL AND FAX: 25 Bellaire Ave. 525 North Twelfth Street David J. Apothaker, Esq., 520 Carlisle, PA 17013 Lemoyne, PA 17043 Fellowship Road C306, Mount (Defendant) Chairman, Arbitration Panel) Laurel, NJ, 08054 (Lead Counsel for Plaintiff) Dated: May 4, 2012 J01 -tAA Philip L. lh, uire 155 Grandview Road Hummelstown, PA 17036 Attorney ID No. 47499 (717) 566-8585 (717) 566-2373 Fax Zulli@msn.com Z) Plavitiff Defe ndknt Name (Chairman) Name In The Court of Common Pleas of Cumberland County, Pennsylvania No.-LL- Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. re Signature Signature Law Firm I L2 I Address Law Finn 1-' a , g6 x `f S _I2-7 5, i??c? f" ??• Address LQO? A-n(= P2 - 17Fq-> 114 eCv1 tc,?? City, ip City, Zip ?7u-C-r F-1 N f92--,::%-174-7 Award e!rJ 0 z?- 150 - 3(,cgY- title; the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) It1 + l ?? ` ]'d' $k3 Pal zfi3l Ldrl ' ? . ??3? Date of Hearing:?''? ?f 2 Date of Award: G} .Z J (4 luvurfvic-q- Name Mc&4F-Y s A--cjr--aA-TE5 Law Firm 230 Y42 K STS Address > HIS 0qM 9° rvr City, Zip an) cable.) . Arbitrator, dissents. (Insert name if ap Notice of Entry of Award Now, the _!?(_ day of 20 4Z , at //-'0 , A .M., the above award was entered upon the docket and notice thereby mail to the parties or their attorneys. Arbitrators' compensation to be on appeal: S wk-5-D onotary By: Denuty MAY -4 AM 11: 0 1 ¢-`!? BEriLA is "OUP ,' PENNSYLVANIA r- r Our File No.: 330923 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 DISCOVER BANK Plaintiff vs. CYNTHIA J HAUGHT Defendant Civil Action NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that DISCOVER BANK appeals from the award of the board of arbitrators entered in this case on - MA y 9 '2012. A jury trial is not demanded I hereby certify that the compensation of the arbitrators has been paid. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection C___, BY:_.._ Kimbe#1,/F. Scian, Esquire Dated: June 1, 2012 ate{ sUIG. 's-b"t'd a? ?1 a?(nl3(o r +'? rri? f r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2011-9017-CIVIL Our File No.: 330923 APOTHAKER & ASSOCIATES, P.C. By: Kimberly F. Scian, Esquire Attorney I.D. 455140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CYNTHIA J HAUGHT NO.: 2011-9017-CIVIL Defendant CERTIFICATION OF SERVICE Civil Action I, David J. Apothaker, Esquire, attorney for Plaintiff, certify that on June 1, 2012, I mailed a copy of Plaintiff's Notice of Appeal from Award of Board of Arbitrators to: CYNTHIA J HAUGHT 25 BELLAIRE AVE CARLISLE, PA 17013-9699 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection l im er F. Scian, Esquire Dated: June 1, 2012 In The Court of Common Pleas of Cumberland jj Plahitiff County, Per+.nsylvania No. Defendait Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. re Si-nature Sianaaue -41?? - ?ir-JCS''' J(ff Luvjr-ev)c-e A4-c f - Name (Chairman) ?vrame - Name L ar: Firm Address Laze Firm F. tr : rya ;,C / ? 7 5, /VC,kat alp: Address Law Firm YT k- 1? -19ef 7- Address ip City! Z( _,. P j `115 City, i n ?92--3t -1747 Award Ifr/Ij 0 2? - 60 " 3 I- We. the undersigned arbitrators, having been duly appointed and sworn (or affir-rned), n.ake the .0 0 'Ina award.,(Tote: if damages for delay, are awarded, tiey shall be separately stateu.) LrJitratbr . ti25?eniS 1 1 t a +°.1T liCabl° Date ar Hearing: Date ofA% ard: Notice of Entry of Award _vTc w, the / day of 20 d?? at // Z V iii_ the above award vvas eniered upori the docket and notice there' f -given by mail to the parties or their attorneys Arbitrators' camt)ensation to be appeal: S ///k-: V By: TRUE COPY FROM In Testimony whereof, I here unto s_ ',,!,y iio rd and the seal of said Court at Cariisie, Pa. This day of 20 _??! :?rattrono ry i Our File No.: 330923 Of RO Tt.1 fi r APOTHAKER& ASSOCIATES, P.C. BY: David J. Apothaker, Esquire s JUN 17 Fit 2: 4 8 Attorney I.D.# 38423 UMBERLAW) 520 Fellowship Road C306 PENNS���A�0���� y Mount Laurel,NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) vs. ) CYNTHIA J HAUGHT ) NO. 2011-9017-CIVIL Defendant. ) PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER&ASS CIATES, P.C. Attorne s for P aintiff A Law Firm En aged i Debt Collection By: David J. o er, Esquire * Q 3 3 0 9 2 3 D I S M 1 -