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HomeMy WebLinkAbout12-2983Our File No- 339880 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. 938423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK c/o DB SERVICING CORPORATION 6500 NEW ALBANY RD NEW ALBANY OHIO 43054 Plaintiff, vs. THOMAS W MCLAUGHLIN SR 1506 CARLISLE RD CAMP HILL, PA 17011-7503 Defendant. ?. _( _ . C ?sr PROTHO I (01 12 MAY 14 PM 12: 22 CUMBERLAND COUNT`` PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY ItJ& L -7? 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 io a . zs ??L AMY ? sQO7y ? ?z7sN19 Our File No.:, 339880 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 DISCOVER BANK c/o DB SERVICING CORPORATION 6500 NEW ALBANY RD NEW ALBANY OHIO 43054 Plaintiff, vs. THOMAS W MCLAUGHLIN SR 1506 CARLISLE RD CAMP HILL, PA 17011-7503 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is Discover Bank ("Plaintiff"), a Delaware State Bank and issuer of the Discover Card. 2. Defendant(s) is/are THOMAS W MCLAUGHLIN SR, an adult individual residing at 1506 CARLISLE RD CAMP HILL, PA 17011-7503. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK, issued to Defendant(s), Account # ending in 1354. 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 $5,512.67. 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. . WHEFEFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $5,512.67 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER SSOCIATES, P.C. Atto ey f r Plaintiff A Law Firm Engage in Debt "Collection BY: David J. Aphfhaker, Esquire Dated: 5/8/2012 Our File No.: 339880 VERIFICATION 1, David J. Apothaker, Esquire, hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unswom 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 & A' Attorney A Law Firm Engaged BY: CIATES, P.C. Debt C9llection David J. Apohlaker, Esquire DATE: 5/8/2012 New Balance MAccount Number ending in 1354 DISCOVER $0.00 Enter Amount Enclosed Below Payment Due Date $ February 26, 2012 31 SOSWA02 0028103 THOMAS MCLAUGHLIN SR GWENDOLYN MCLAUGHLIN 1506 CARLISLE RD CAMP HILL PA 17011-7503 Address, email or telephone change? Go to www.Discover.com or print change in space above. Opening Date: January 18, 2012 - Closing Date: Janu Discover More Card Account Summary Account number ending in 1354 Previous Balance $5,512.67 PaymerU And Credits 5,512.67 Purchases + 0.00 Balance Transfers + 0.00 Cosh Advances + 0.00 Fees Charged + 0.00 Interest Charged + 0.00 !`lew Bo nce ?_00 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $5,600.00 Credit Line Available $0.00 Crash Advance Credit Line $2,800.00 Cash Advance Credit Line Available $0.00 Coshbac Bonus® Anniversary Month August Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 'ro learn morn, log in at www.Discover.com Text APP to DISCOV` to receive a link to our free mobile app and pay your bill in seconds from anywherel PO BOX 6103 1111111111111111,uIf Kill 11 CAROL STREAM IL 60197-6103 II1111111111111111I1t1111II111111111111,t,1llllilts till 111,111 31, 2012 page 1 of 2 Payment Information New Balance $0.00 Minimum Payment Due $1,059.00 Payment Due Date February 26, 2012 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 21.49% variable. Manage Your Account Online at www.Discover.com • Securely access statements and free online tools, pay bills online and track and view all transactions simply and easily • Make your money worth morew-find easy ways to earn and redeem cash rewards • NEWI Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1. Access your account securely at www.Discover.corn 2. Call 1.800-DISCOVER (1-800.347.2683) Please have your Discoverecard available. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Carol Stream, IL 60197.6103 For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800347.7449. Transactions Trans. Post Date Date Payments and Credits Jan 31 Jan 31 INTERNAL CHARGE-OFF $ -5,512.67 Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2012 Totals Year-to-Date TOTAL FEES CHARGED IN 2012 $ 0.00 TOTAL INTEREST CHARGED IN 2012 0.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paperless statements mean less clutter, more convenience Easify access up to 24 months of downfoadable, password protected statements. • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through e-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. • Sign up today at Discover.com/paperless C?2010 Discover Bonk, Membc, FDIC PAPER.0310 U) O rn Z O> D O N O O N V7 O W N O Questions? Visit www.Discover.com or DISCOVER call 1-800-DISCOVER (1-800-347-2683), DISCOVER It par to THOMAS MCLAUGHUN SR Account number ending in 1354 DISCOVEW page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 14 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE (APR) INTEREST RATE Purchases 16.49% V $0 $0 Cash Advances 23.99% V $0 $0 V = Variable Rate Additional Important Information See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediately! Call 1-800-347-2683. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover, PO Box 30421, Salt Lake City, UT 84130.0421 . In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Descri lion of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mists ce. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in wwri ing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. Your RJahts if You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must hove been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you , or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances Pram an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Salt Lake Cily, UT 84130-0945 While we investigate, the some rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payments. You may ay all or part of your Account balance at any time. However, you must pay at least the Minimum Payment Due by the f?ayment Due Date. Send only your payment and the top portion of this statement in the envelope Provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information ham your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. The processing of your payment moy be delayed if you send cash, correspondence or other items with your payment, if you send the payment o any other address or if you use an envebpo other than the one provided. Payments received in proper form at our processing facility by 5PM local time on any d will be credited to your Account as of that day. Payments received at our processing fetch after 5PM loc.! time will credited to your Account as of the next day. IF you have misplaced your envelope, send your payment to Discover, PO Box 6103 Carol Scream, ?l 601 97 6 1 03. Please allow 7-10 days for delivery . If your payment is returned unpaid, we reserve the rig?it to resubmit it as an electronic debit. NOTICE: SEE REVERSE SIDE FOR IMPOR Mff INFORMATION DISCOVER You con pay your monthly Minimum Payment Due, or a greater amount that does not exceed your current Account balance, over the telephone or you can setup automatic payments through a customer service representative by calling 1-800.347-2683. Automatic payments will be deducted on the Payment Due Date unless you request a recurring pa ment date (e. .the 15th day of the month) that occurs before your Payment Due Date. If your scheduled payment date falls on a weekend or tank holiday, your payment will be processed the business day prior to the weekend or bank holiday. In order to schedule monthly payments b telephone, you will need this statement and your bank account information. You will be asked to provide the last four (,dNigits of the social security number of the primary borrower. By providing those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each pa eat you authorize, in the amount selected by you, from your bank account, You also authorize us to initiate debit or credit entries to your bank ment by account, as a icable, to correct an error in the processing of such payment. You can cancel a scheduled pay phone at 1.80 347-2683 or by mail at Discover, PO Box 30421, It Lake City, UT 84130.0421; however we must receive notice at least three business days in advance of the scheduled payment. If your payments may vary in amount, we will tell you on each monthly billing statement when your payment will be made and how much it will be. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. You can set automatic payments for; (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed dollar amount, or (iv) a fixed dollar amount. If your scheduled fixed payment is not enough to cover the Minimum Payment Due as listed on your monthly billing, statement, your scheduled payment for that month will be greater than the Minimum Payment Due, any increased to cover the Minimum Payment Due. IF the scheled payment is excess will be applied in accordance with your Cardmember Agreement. IF your scheduled payment is greater than the New Balance on your billing statement, that payment will be processed only For the amount of your New Balance. Your automatic payment amount maybe less than the amount indicated on the periodic statement based on credits or payments after the Closing Date. IF you enroll by phone in our automatic payment service, please fill-in the Following blanks below and retain the authorization for your records. Amount: ? Fuli Pay ? min pay ? Min Pay + $ ? Fixed Pay$_ o Bank Routing ;Sank Account #: ; Frequency: Z Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or o other defaults on your Account may be reflected in your credit report. We normally report the status and payment history of N your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write a us at the following address: Discover, PO Box 15316, W lmington, DE 19850 5 3 1 6. Please indicate your name, address, home telephone number and Account number. Paying Interest: We begin to impose interest charges on a transaction, fee or interest charge From the day we add it to the N daily balance. We continue to impose interest charges until you pay the total amount you owe us. You can avoid paying interest on Purchases as described below. However, you cannot avoid paying interest on Balance Transfers or Cash Advances. How to Avoid Paying Interest on Purchases ("Grace Period"I It you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing statement, we will not impose interest charges on new Purchases or any portion of a new Purchase, paid by the Payment Due Date on your current billing statement. New Purchases are Purchases that first appear on the current billing statement. How We Apply Payments Ma Im ct Your Grace Period you o not pay your ew a ante in eat month, then, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. How We Calculate Interest Charges - Daily Balance Method (including current transactions): We calculate interest charges each billing period by first figuring the daily balance" for each Transaction Category. Transaction Categories include standard Purchases, standard Cash Advances and different promotional balances, such as Balance Transfers. How We Figure the Bogy Balance for Each Transaction Category • We start with the be inning balance for each day. The beginning balance for the first day of the billing period is your balance on the ast day of your previous billing period • We add any interest charges accrued on the previous day's daily balance and any new transactions and fees. We add any new transactions or fees as of the later of the Transaction Date or the first day of the billing period in which the transaction or fee posted to your Account. • We subtract any now credits and payments. • We make other adjustments (including those adjustments required in the "Paying Interest" section). How We Figure Your Total Interest Charges • We multiply the daily balance for each Transaction Category by its daily periodic rate. We do this for each day in the billing period. This gives us the interest charges for each Transaction Category. To get a daily periodic rate, we divide the APR that applies to the Transaction Category by 365. • We add up all the daily interest charges. The sum is the total interest charge for the billing period. How We Include Fees We add Balance Transfer Fees to the applicable Balance Transfer Transaction Category. We add Cash Advance fees to the applicable Cash Advance Transaction Category. We add all other fees to the standard Purchase Transaction Category. Balance Su6ject to Interest Rate. Your statement shows a Balance Subject to Interest Rate. It shows this for each transaction category. The Balance Subject to Interest Rate is the average of the daily balances during the billing period. Credit Balances. If your Account has a credit balance, the amount is shown an the front of your billing statement, A credit balance is money that is owed to you. You may make chargges against this amount if your Account is open. We will send you a refund of any remaining balance of $1.00 or more after 6 months, or as otherwise required by applicable law. For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discover©card is issued by Discover Bank, Member FDIC RzNFEOOI Questions? Visit www.Discover.com or call 1-800-DISCOVER (1-800-347-2683. DISCOVER J SHERIFF'S OFFICE OF CUMBERLAND COLWTKOFFIC Ronny RAnderson t.' THE PROTHON AIF)' Sheriff ,c ?i1r nt "` ' ? 2012 MAY 22 AM 9. 09 Jody S Smith Chief Deputy CUMVENLAPI[l COUNT' Richard W Stewart PENNSYLVANIA Solicitor OFPCE OF -,_C S?-RiaF Discover Bank Case Number VS. Thomas W. McLaughlin, Sr. 2012-2983 SHERIFF'S RETURN OF SERVICE 05/15/2012 07:50 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, staff that on May 15 2012 at 1950 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas W. McLaughlin, Sr., by making known unto himself personally, at 1506 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents Lanatt same bme handing to him personally the said true and correct copy of the same. SHALL, DEPUTY AQj8Y SHERIFF COST: $43.00 May 18, 2012 SO ANSWERS, x RON R ANDERSON, SHERIFF (c) CountySuite Sherd(, TeleosoR, Inc. FIRST SOURCE LAW Jenna Thorne Attorney Bar #310524 1504 Brookhollow Dr. Suite 112 Santa Ana, CA 92705-5418 Phone: (714) 617-8385 Attorneys for Defendant Thomas W. McLaughlin DISCOVER BANK, ) Plaintiff ) V. ) THOMAS W. MCLAUGHLIN ) Defendant, ) rte = COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 12-2983 NOTICE OF APPEARANCE TO THE CLERK OF THIS COURT AND ALL PARTIES OF RECORD: Please take notice that I, Jenna Thorne, Bar #310524 enter my appearance as counsel in the above captioned matter for Defendant Thomas W. McLaughlin. All communications for Thomas W. McLaughlin should be sent to 1504 Brookhollow Dr. Suite 112, Santa Ana, CA 92705. Dated: 5/24/2012 FIRST SOURCE LAW By: Jenna me Attorney for Defendant CERTIFICATE OF SERVICE BY MAIL DISCOVER BANK, ) Plaintiff ) V. ) THOMAS W. MCLAUGHLIN ) Defendant, ) COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 12-2983 NOTICE OF APPEARANCE I, Brenda Montano, hereby certify that I served a copy of the following documents: NOTICE OF APPEARANCE by mailing and depositing a true and correct copy of said document in a mailbox located at 1504 Brookhollow Dr. Suite 112, Santa Ana, CA 92705 on the following date: 5/30/2012 to: David J. Apothaker, Esq. Apothaker & Associates, P.C. 520 Fellowship Rd, C306 Mount Laurel, NJ 08054 I certify that the foregoing is true and correct. Dated: 5/30/2012 By: Brenda Montano FIRST SOURCE LAW Jenna R. Thorne, Esq. Attorney Bar #310524 1504 Brookhollow Dr. Suite 112 Santa Ana, CA 92705 (714) 361-1967 Attorneys for Defendant d THOMAS W. MCLA UGHLIN SR. - DISCOVER BANK Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 12-2983 vs. THOMAS W. MCLAUGHLIN SR., Defendant. DEFENDANT THOMAS W. MCLAUGHLIN SR.'S ANSWER TO PLAINTIFF DISCOVER BANK'S COMPLAINT Defendant THOMAS W. MCLAUGHLIN SR., by its attorneys First Source Law, hereby submits his Answer to Complaint filed by DISCOVER BANK as follows: FIRST COUNT 1. Defendant lacks information or belief sufficient to answer the allegations in paragraph 1 of the Complaint, and basing his denial on this ground, denies each and every allegation thereof. 2. Defendant admits upon information and belief the truth of the allegations in paragraph 2 of the Complaint. 3. Defendant lacks information or belief sufficient to answer the allegations in paragraph 3 of the Complaint, and basing his denial on this ground, denies each and every allegation thereof. 4. Defendant lacks information or belief sufficient to answer the allegations in paragraph 4 of the Complaint, and basing his denial on this ground, denies each and every allegation thereof. 5. Defendant lacks information or belief sufficient to answer the allegations in paragraph 5 of the Complaint, and basing his denial on this ground, denies each and every allegation thereof. 6. Defendant lacks information or belief sufficient to answer the allegations in paragraph 6 of the Complaint, and basing his denial on this ground, denies each and every allegation thereof. T Defendant lacks information or belief sufficient to answer the allegations in paragraph 7 of the Complaint, and basing his denial on this ground, denies each and every allegation thereof. FIRST AFFIRMATIVE DEFENSE (Failure to State a Claim) Each and every claim on file herein, and/or the whole thereof, fails to state facts sufficient to constitute a claim against Defendant. SECOND AFFIRMATIVE DEFENSE (Statue of Limitations) Each and every claim contained therein, is barred by such statutes of limitations as may be applicable. THIRD AFFIRMATIVE DEFENSE (Failure to Mitigate Damages) Should any damage or injury have occurred as alleged in the Complaint, said damages or injuries have been caused or aggravated by the failure of Plaintiff to take reasonable action to avoid or mitigate such damage, and, therefore, Plaintiff is barred and foreclosed from obtaining recovery against Defendant for such damage. FOURTH AFFIRMATIVE DEFENSE (Estoppel) Each and every claim asserted by Plaintiff against Defendant is barred by reason of acts, omissions, representations or course of conduct by Plaintiff upon which Defendant was led to rely to their detriment. FIFTH AFFIRMATIVE DEFENSE Laches Plaintiff has unreasonably delayed in asserting the claims made against Defendant and such claims, and each of them, are barred by reason of the fact that such delay has adversely affected Defendants ability to defend against such claims. SIXTH AFFIRMATIVE DEFENSE (Unclean Hands) Defendants are informed and believe and thereon allege that Plaintiff's recovery is barred by the doctrine of unclean hands. SEVENTH AFFIRMATIVE DEFENSE Waiver Based on Plaintiff's actions, allegations, and/or conduct, Plaintiff has waived any claims and rights whatsoever, including but not limited to claims for damages, any right to demand arbitration and any right to seek damages for recession, as against Defendants. EIGHTH AFFIRMATIVE DEFENSE (No Damages) Defendant alleges that Plaintiff's claims against Defendant are barred because Plaintiff has suffered no damages whatsoever. NINTH AFFIRMATIVE DEFENSE (Offset) Defendant alleges that Defendant is entitled to an offset. TENTH AFFIRMATIVE DEFENSE (Uniust Enrichment) Defendant alleges that Plaintiff's Complaint, and each and every claim therein, is barred by the fact that any recovery would result in unjust enrichment ELEVENTH AFFIRMATIVE DEFENSE Consent Any recovery on any cause of action in the Complaint is barred on the grounds that Plaintiff authorized, approved, ratified, consented to, or acquiesced to the conduct alleged therein. TWELFTH AFFIRMATIVE DEFENSE (Good Faith) Any actions by Defendant alleged to be wrongful and improper in the Complaint were undertaken by Defendant in good faith and in the exercise of their reasonable judgment. THIRTEENTH AFFIRMATIVE DEFENSE (Inequitable Conduct) Defendant alleges that Plaintiff's claims are barred by Plaintiff's own inequitable conduct. FOURTEENTH AFFIRMATIVE DEFENSE (No Liability or Alter Eao) Plaintiff s causes of action are barred to the extent they seek to impose liability upon named Defendant for the actions or liabilities of individuals or entities other than the Defendant named. FIFTEENTH AFFIRMATIVE DEFENSE (Liability of Others) Should Plaintiff be entitled to recover any damages against Defendant, for which Defendant denies any basis, any such damages must be reduced in whole or in part to the extent that Plainti'ff's own negligence and/or fault and/or the negligence or fault of others for which Defendant cannot beheld liable proximately contributed to Plaintiff's purported damages. SIXTEENTH AFFIRMATIVE DEFENSE (Breach of Implied Covenant of Good Faith) Plaintiff is barred from obtaining the relief they seek against Defendant by virtue of Plaintiff's breach of the implied covenant of good faith and fair dealing inherent in all contractual' relationships. SEVENTEENTH AFFIRMATIVE DEFENSE (Fair Debt Collection Practices Act) Plaintiff's claims are barred under the Federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., from collecting attorney fees, interest, collection fees and any amount not specifically provided for by the purported agreement. EIGHTEENTH AFFIRMATIVE DEFENSE (Truth-In-Lending Act) Plaintiff failed to make disclosures required by the Federal Truth-In-Lending Act, 15 U.S.C. § 1601 et seq. TWENTIETH AFFIRMATIVE DEFENSE (Right to Amend) Defendant reserves the right to amend his Answer, to assert additional affirmative defenses and to supplement, alter or change his Answer and affirmative defenses upon revelation of more definitive facts by the Plaintiff and upon the undertaking of discovery and investigation in this matter. WHEREFORE, Defendant prays for award/judgment as follows: That Plaintiff take nothing by its Complaint and claims therein and that an award/judgment be entered herein in favor of Defendants; For reasonable attorneys fees and costs incurred herein; For costs of suit incurred herein; and For such other and further relief as the Court deems proper Dated: May _)5 2012 FIRST SOURCE LAW By: ?x /\,k,$\\At\ N?nr? J a R. Thorne, Esq. Attorney for Defendant DISCOVER BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. NO.: 1 -25? THOMAS W. MCLAUGHLIN SR., Defendant. VERIFICATION 12 -2963 ?P I, MQAA?W 4, being duly sworn, deposes and says: I have read the DFENDAINT TH. MCLAU GHLIN SR. ANSWER TO PLAINTIFF DISCOVER BANK'S COMPLAINT and know the contents to be true from my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true. ,1 Signature of De. end J n&)0#144 ?0,4 Defendant's Address > 7e) /I Sworn to before me this L 5 day of ?Jqy , 20 /Z N ourt Employee COMMONWEALTH Of FINNSYLVANIA NOTARIAL SEAL JASON WIRTH, Notary Public Camp Hill Boro, Cumberland County My Commission Expires August 16, 2015 CERTIFICATE OF SERVICE BY MAIL DISCOVER BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. THOMAS' W. MCLAUGHLIN SR., Defendant. NO.: 12-2983 I, Katherine Sandoval, hereby certify that I served a copy of the following documents: DEFENDANT THOMAS W. MCLAUGHLIN ANSWER TO PLAINTIFF CITIBANK (SOUTH DAKOTA), N.A. COMPLAINT by mailing and depositing a true and correct copy of said document in a mailbox located at: 1504 Brookhollow Dr. Suite 112, Santa Ana, CA 92705, 714-617-8385. On MaytPO, 2012 to: David J. Apothaker, Esq. Apothaker & Associates, P.C. 520 Fellowship Rd, C306 Mount Laurel, NJ 08054 I certify that the foregoing is true and correct. DATED: May 2012 v Our file No.: 339880 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. THOMAS W MCLAUGHLIN SR Defendant. Civil Action ANSWER TO NEW MATTER Plaintiff, DISCOVER BANK, by and through their attorney, answers the following New Matter: 1. Denied. Plaintiffs Complaint brings a valid Cause of Action against Defendant. 2. Denied. Plaintiff s claim is not barred by the applicable Statute of Limitations. 3. Denied. Plaintiff has not breached its Duty to Mitigate. 4. Denied. Plaintiffs claim is not barred by the Doctrine of Estoppel. 5. Denied. Plaintiff s claim is not barred by the Doctrine of Laches. 6. Denied. Plaintiff s claim is not barred by the Doctrine of Unclean Hands. 7. Denied. Plaintiff has not waived any claims or rights. 8. Denied. Plaintiff owes the amount claimed in the Complaint. 9. Denied. Defendant is not entitled to an offset. P?l COUNTY PEW SYL VAN IA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 12-2983-CIVIL TERM330057 10. Denied. Plaintiff s claim is not barred by the Doctrine of Unjust Enrichment. 11. Denied. Plaintiff did not authorize, approve, ratify, consent to, or acquiesce to any default of the terms of the Cardmember Agreement. To the extent that Plaintiff did authorize, approve, ratify, consent to, or acquiesce to the extension of credit to the Defendant, these actions do not serve as a bar to Plaintiff s right to recovery. 12. Denied. Plaintiff owes the amount claimed in the Complaint. 13. Denied. Plaintiff's claim is not barred by any alleged inequitable conduct. 14. Denied. All injuries and damages to the Plaintiff were caused in whole by the Defendant. 15. Denied. Plaintiff's claim is not barred by the Doctrine of Contributory Negligence. 16. Denied. Plaintiff's claim is not barred by any alleged breach of good faith or fair dealing. 17. Denied. The Federal Fair Debt Collection Practices Act does not serve as a bar to interest, or costs of collection. No attorney's fees have been pleaded for by Plaintiff. 18. Denied. Plaintiff did not fail to make disclosures required by the Federal Truth- In-Lending Act. 20. No responsive pleading is required. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Fkrr4Engaged in Debt Collection BY: W. Felzer, Esquire DATED: June 7, 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. Jan W. Felzer, Esquire A rnev for Plaintiff DATE: 6/7/2012 Our file No.: 339880 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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. THOMAS W MCLAUGHLIN SR Defendant. DOCKET NO.: 12-2983-CIVIL TERM330057 Civil Action CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on 6/7/2012,1 mailed a copy of the Answer to New Matter by Regular mail to JENNA THORNE, ESQUIRE 1504 BROOKHOLLOW DRIVE, SUITE 112 SANTA ANA, CA 92705-5418 J r an W. Felzer, Esquire Altiorney for Plaintiff Date: 6/7/2012 FIRST SOURCE LAW By: Jenna Thorne Attorney I.D. # 310524 1504 Brookhollow L>r. Suite 112 Santa Ana, CA 92705-5418 Tel. (714) 617-8385 Fax (714j 617-8511 Attorneys for Defendant DISCOVER BANK vs. Plaintiff, THOMAS W MCLAUGHLIN SR Defendant. Civil Action OPPOSITION TO PLAINTIFF'S AMENDED MOTION TO QUASH 1. Defendant reaffirms his position as stated in Defendant Opposition to Plaintiff's Motion to Quash, Brif~f in Opposition to Motion to Quash and Proposed Order. WHEREFORE, Defendant, Thomas W. McLaughlin, Sr., respectfully requests this Honorable Court deny Plaintiff's Motion to Quash. FIRST SOURCE LAW Attorney for Defendant BY: ~ ?~? Je Thorne .;,":-., ,. is.. '~_ f ~~ . ~'...~ .. ' (f~ ~ COURT OF COMMON PLEAS OF CUMBERLAND C'OtTNTY NO.: 12-`983-CIVIL ~['F_',RM330057 1 FIRST SOURCE LAW By: Jenna Thorne Attorney I.D. # 310524 1504 Brookhollow Dr. Suite 112 Santa An.a, CA 92705-5418 Tel. (714) 617-8385 Fax (714) 617-8511 Attorneys for Defendant DISCOVER BANK COURT OF COMMON PLEAS OF CUMBERLAND (.;'OLJNTY Plaintiff, vs. THOMAS W MCLAUGHLIN SR NO.: 12-1983-CIVIL TERM330057 Civil Action Defendant. CERTIFICATION OF SERVICE I, Katherine Sandoval, certify that on ,l 'r~, I cause to be served a copy of OPPOSITION TO PLAINTIFF'S AMENDED MOTICIN TO QUASH KIMBERLY F SCIAN APOTHAKER & ASSOCIATES, P.C. 520 FELLOWSHIP ROAD C306 MOUNT LAUREL, NJ 08054 BY: 2 Our File No.: 339880 DISCOVER BANK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.: 12-2983-CIVIL TERM330057 THOMAS W MCLAUGHLIN SR ) Civil Action - ~. ' Defendant J r ~ c"_.' M _ _ ' ~'` r^~ PRAECIPE FOR APPOINTMENT OF ARBITRATORS - ~ W -~.a .--~- ~_-, __ a TO THE HONORABLE, THE JUDGES OF SAID COURT: --~. -: ~;' "`"' .. `,'; Kimberly F. Scian, Esquire, counsel for the Plaintiff in the above action, respectfully represents~l~at: ~ 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $5512.67. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff _ JENNA THORNE, ESQ Kimberly F. Scian, Esquire 1504 BROOKHOLLOW DRIVE, SUITE 112 520 Fellowship Road C306 SANTA ANA, CA 92705-5418 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. Re~ectfully witted, ~'~. Dated: ~ Kim ~y F. Scian, Esquire ~~~~.~ ~ ORDER OF COURT ~ Q aPa7~~ AND NOW, , 20 , in consideration of the foregoing petition, _ Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, Our File No.: 339880 DISCOVER BANK ) Plaintiff ) vs. ) THOMAS W MCLAUGHLIN SR ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBF,RLAND COUNTY, PENNSYLVANIA NO.: 12-2983-CIVIL TERM330057 ~;:. Civil Action ~- ~:''. _, ,~_ -~ ~~~ PRAECIPE FOR APPOINTMENT OF ARBITRATORS ,~`== TO THE HONORABLE, THE JUDGES OF SAID COURT: ~a -,~, r~ a_ e'a Kimberly F. Scian, 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 $5512.67. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff _ JENNA THORNE, ESQ Kimberly F. Scian, Esquire 1504 BROOKHOLLOW DRIVE, SUITE 112 520 Fellowship Road C306 SANTA ANA, CA 92705-5418 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. ___ `~---~ Re~ectfully bm tted, ..- „ . ` ,.. Dated: Kim ly F. Scian, Esquire ORDER OF COURT AND NOW, , 20__, in consideration of the foregoing petition, _ Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, Our File No.: 339880 1N THE COURT OF COMMON PLEAS OF DISCOVER BANK ) CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ) vs. ) NO.: 12-2983-CIVIL TERM330057 THOMAS W MCLAUGHLIN SR ) Civil Action ~'~° Defendant ) -- -~ ~- .j ~,, Ty ; PRAECIPE FOR APPOINTMENT OF ARBITRATORS `'' ~'" ~~ -~? ~~ yam, _~ ___ ~ ~ ..,: TO THE HONORABLE, THE JUDGES OF SAID COURT: ~ = ~. -: c.:-; Kimberly F. Scian, Esquire, counsel for the Plaintiff in the above action, respectfully represents ti~at:~~ 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $5512.67. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff JENNA THORNE, ESQ Kimberly F. Scian, Esquire 1504 BROOKHOLLOW DRIVE, SUITE 112 520 Fellowship Road C306 SANTA ANA, CA 92705-5418 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. . Res~ectfully:mitted, Dated F. Scian, Esquire ORDER OF COURT an~~ ~a~~ so~~ ~ ~~Ya~ ~ Q~~a7~~ AND NOW, ~/~I,~,i ~ / , 201,2, in consideration of the foregoing petition, Esq., and r Esq., and Esq., are appointed arbitrators in the above c~tio~d ai*Gion as prayed for. ~ ~ ~ ,~,~ _T ~ ~ -~: ~ r~ ~~ ~ ~~ ~~ By the Court, ~ -a ~T ~ ~ ~..y ~~h ~ ~iorh ,C~ E~,~i c cry ~' !..°� • 04/i.V2013 FRI 162 45 FAX 856 780 1020 _ _ 14002/003 t; :kNA Our file No.: 339880 Apothaker&Associates,Y.C. `> 520 Fellowship Road 0306 Mount Laurel,NJ 08054 (800)672-0215 r"rn "° my a " Attorneys for Plaintiff Z r- �i r�' , DTSCOVER BANK :1—COURI'0F COMMON PLEAS C1JMBERLAND COUNTY CD Plaintiff, ) , • VS. } 'DOCKIi'I'NO.: 12-2983-CIVIL TF,RM WOR THOMAS W MCLAUGI LIN SR ) Civil Action Defendant, ) STIPULATION IN LIEU OF JUDOWNT The matters and things in controversy,having been discussed by and between the parties, and a settlement having been agreed upon:, , j Ti is on February 15, 2013, STiPULATF,D by and between DISCOVER BANK ('Plaintiff)and n1OMAS W MCLAUGIILIN SR('Defendant'),as follows: 1, Plaintill' filed suit in the above captioned matter seeking damages in the amount of $5,512.67,plus court costs in the amount of$175.25,for a total of$5,687,92. 2, Defbndanl agrees to pay to Plaintifl'lho sum of$3,485.00,which Plaintiff agrees to accept in full settlement of its claim herein. j 3. Defendant shall remit payment(s)-irr the fo�llc ng manner: a. $580.85 to be paid on or before.February 28, 2013; b. $580.83 to be paid on or before the last day of each month, beginning March 31,2013 through July 31, 2013. 4. All checks shall be made payable to"OSCOVER 13ANIC",and sent to the office of Plaintifrs attorney,Apothalca ,&Associates,P.C.,located at the following address: Apothak'er 8t Associates,P.C. 520 Fellowship ltoad 0306 PO Box 5496 Mount Laurel,NJ 08054 I 1 ,t ,�..T F,4.2115J2013 FRI 16:45 FAX 856 780 1020 W003/003 II 5. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation Plaintiff must notify_,E�, -b dam's attorney(s), in writing, of 1Jefcndant's default. The name and address of lle cndaot's attolney(s)that notice will be sent to is: J11NNA TIIORIEYAsquire 1504 Brookhollow,Wivc,Suite 112 Santa Ana,Ca 92705-5418 b. If the default is not cured within fifteen (15) days after written notice to Defendant's attorney(s), then Plaintiff shall be entitled to obtain the entry of Judgment against Defendant upon ex parts applications, with supporting certification, and with notice to Ucfcndant's attorney in the form of a copy of the application addressed to Defendant's attorney,by first-slags, postage prepaid, in the suit amount, plus court costs, as specifies in paragraph one(1)of this stipulation less any sums paid pursuant to this Stipulation. We hereby consent to the form and Entry of the within,Stipulation. ily: Bcnj 1..Div ,Esquire t`11n s ziD4 7949 �Po bu ociptes,P.C. Atk_ Wror;Plaintiff By: JEWA THORNF.,Esquire FIRST SOURCE LAW Attorney for Defendant 'By-, THOMAS WM CL#T Gl1LnJ s errant "t1 Our,File No.: 339880 OF THE PROT ONO TAky APOTHAKER&ASSOCIATES, P.C. BY: David J. Apothaker, Esquire 20 3 SEP -3 PM 1: 5 5 Attorney I.D.# 38423 CUMBERLAND CCIt�NTY 520 Fellowship Road C306 PENNSYLVANIA Mount Laurel,NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) vs. ) THOMAS W MCLAUGHLIN-SR ) NO. 12-2983-CIVIL TERM330057 Defendant. ) PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER&ASS TES, P.C. Attorneys for lai iff A Law Firm Engaged n De t Collection By: z David J. Apotha er, Esquire * Q 3 3 9 8 8 0 D I S M 1 -