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HomeMy WebLinkAbout06-4461BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff WORLDWIDE ASSET PURCHASING,LLC 9911 Covington Cross Dr Las Vegas 89144 Plaintiff V. CHRISTINE M MOORE 244 Meals Drive, Carlisle PA 17013 Defendant IN THE COURT OF COMMON PLEAS CU MBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW COMPLAINT 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 (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 claim 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 67763 INIIIh INNIINIIIINIIIN?NNIIINIIINIINIIIINININNNIININNIN?II?INNINNN?INININNINNNN?INNN?INI?I BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff WORLDWIDE ASSET PURCHASING,LLC 9911 Covington Cross Dr Las Vegas 89144 Plaintiff V. CHRISTINE M MOORE 244 Meals Drive, Carlisle PA 17013 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O` " 44j1 (21-Vi ,C-? CIVIL ACTION - LAW Complaint 1. The plaintiff is Worldwide Asset Purchasing, LLC, a business corporation, with place of business located at 9911 Covington Cross Dr, Las Vegas. 2. The defendant is Christine M Moore, who resides at 244 Meals Drive, Carlisle, Cumberland County, Pennsylvania. 3. At the defendant's request, Direct Merchants Credit furnished consumer credit to defendant bearing account number 5458000530201975 hereinafter referred to as the credit card account. 4. The defendant accepted the credit card account by making purchases, balance transfers and/or cash advances. 5. Monthly statements were sent to defendant each month which detailed the charges and credits made to the credit card account for the prior month. 6. The balance due on the credit card account is $16,012.56. 7. Defendant did not pay the balance due on the credit card account in full upon receipt of the monthly billing statements and also did not make the required minimum monthly payment set forth in the monthly billing statement. As such, defendant is in default on the credit card account. 8. Plaintiff purchased the defendant's account from Direct Merchants Credit and is now the holder and owner of the account. 9. Although demand has been made by plaintiff upon defendant to pay the sum of $16,012.56, the defendant failed and refused to pay all or any part thereof. Wherefore, plaintiff demands judgment against the defendant in the sum of $16,012.56 and the costs of this action. .TES, P.C. Attorney Esquire The law firm of Burton Neil & Associates, P.C. is a debt collector. Verification Chanel Soares is Attorney Relationship Manager for WORLDWIDE ASSET PURCHASING,LLC, the within Plaintiff, and makes this statement on its behalf as to the truthfulness of the facts set forth in the foregoing Complaint subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: ? V I 0?: e Christine M Moore 5458000530201975 l4, (Zo Iwo ZZ) a? ? x, w G WORLDWIDE ASSET : IN THE COURT OF COMMON PLEAS OF PURCHASING, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 06-4461 CIVIL TERM CHRISTINE M. MOORE, Defendant CIVIL ACTION -LAW NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. IRWIN & McKNIGHT / /A DDS Douglas 97 Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Christine M. Moore Date: September 7, 2006 WORLDWIDE ASSET PURCHASING, LLC., V. CHRISTINE M. MOORE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4461 CIVIL TERM CIVIL ACTION -LAW ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW this 7th day of September, 2006, comes the Defendant, Christine M. Moore, by and through her attorneys, Irwin & McKnight, and respectfully files this Answer with New Matter to the Plaintiff's Complaint, and in support thereof aver as follows: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph one (1) so they are therefore specifically denied and strict proof thereof is demanded at trial. 2. The averments of fact contained in paragraph two (2) of the Plaintiff's Complaint are admitted. 3. The averments contained in paragraph three (3) are denied as stated. It is admitted that Plaintiff's predecessor solicited Defendant requesting that she obtain consumer credit, which offer she responded to. The remaining averments of paragraph three (3) are specifically denied and strict proof thereof is demanded at trial. 4. The averments contained in paragraph four (4) are admitted. By way of further answer, Defendant often used the consumer credit in order to pay for her injured spouse's prescriptions and medical expenses not covered by insurance. 5. The averments contained in paragraph five (5) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant specifically requested that monthly statements continue to be sent to her in order to continue making payments on her account. A true and correct copy of correspondence from the undersigned legal counsel to Direct Merchants Bank dated December 22, 2003 is attached hereto and incorporated herein as Exhibit «A 6. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph six (6) because Plaintiff has failed and refused to send regular monthly statements as previously requested, so they are therefore specifically denied and strict proof thereof is demanded at trial. 7. The averments contained in paragraph seven (7) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff and its predecessor failed and refused to send regular monthly statements to Defendant in order that payments could be made on her account. 8. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eight (8) so they are therefore specifically denied and strict proof thereof is demanded at trial. 9. The averments contained in paragraph nine (9) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff and its predecessor failed and refused to send regular monthly statements to Defendant in order that payments could be made on her account. 2 WHEREFORE, Defendant, Christine M. Moore, respectfully requests this Honorable Court to enter a judgment in her favor and against Plaintiff in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. NEW MATTER 10. The averments of fact contained in the Answers to the Complaint are hereby incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiff. 11. Defendant, directly and through her legal counsel, specifically requested that monthly statements continue to be sent to her in order to continue making payments on her account. 12. Exhibit "A" is a copy of correspondence from the undersigned legal counsel to Direct Merchants Bank dated December 22, 2003, requesting that Direct Merchants Bank continue to send statements so that Defendant could continue to pay on the purported debt. 13. Plaintiff and/or its predecessor have failed and refused to send monthly statements to Defendant so that she could continue to pay on the purported debt. 14. As a direct result of the refusal by Plaintiff and/or its predecessor to send monthly statements to Defendant so that she could continue to pay on the purported debt, it is believed and therefore averred that penalties and interest wrongly continued to accrue on the purported debt. 15. Defendant often used the consumer credit in order to pay for her injured spouse's prescriptions and medical expenses not covered by insurance. 3 16. Plaintiff's Complaint therefore fails to state claims or causes of action upon which relief can be granted. 17. All or a portion of Plaintiff's claims may therefore be barred by the defense of the applicable statute of limitations. 18. All or a portion of Plaintiff's claims may therefore be barred by the defense of laches. 19. All or a portion of Plaintiff's claimed damages are attributable to persons and/or causes other than Defendant. 20. Plaintiff's claims may be barred and/or limited by Plaintiff's failure to mitigate or to properly mitigate its damages. WHEREFORE, Defendant, Christine M. Moore, respectfully requests this Honorable Court to enter a judgment in her favor and against Plaintiff in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. Respectfully Submitted, Dated: September --7-, 2006 IRWIN & McKNIGHT By: ougla G. it er, squire J Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Christine M. Moore 4 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ? I,tiu ?1w fir; l(v CHRISTINE M. MOORE Date: September 7, 2006 EXHIBIT "A" LAW OFFICES IRWIN & McKNI GHT WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER B. IRWIN CARLISLE, PENNSYLVANIA 1 70 1 3-3222 MARCUS A. McKNIGHT, III DOUGI 4S G. MILLER (717) 249-2353 FAX (717) 249-6354 E-MAIL: OFFICES @ IMHLAW. COM December 22, 2003 DIRECT MERCHANTS BANK P.O. BOX 550680 JACKSONVILLE, FL 32255-4150 RE: CHRISTINE MOORE DAVID MOORE ACCOUNT NO.: LAST FOUR DIGITS - 1975 Dear Sir or Madam: HAROLD S. IRWIN (1925-1977) HAROLD S. IRWIN, JR. (1954-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRWIN, IRWIN & McKNIGHT (1986-1994) IRWIN, M -KNIGHT & HUGHES (1994-201)3 IRWIN & McKNIGHT ("2003- Please be advised that this office represents David and Christine Moore and will continue to represent them until further written notice. Therefore, please direct all future correspondence and telephone contact to my office and do not contact Mr. and Mrs. Moore directly. I understand from conversations with my clients that they have been making regular payments on their account and they wish to continue receiving statements and making payments on this debt. Thank you for your attention to this matter and if you should have any questions, please do not hesitate to contact me. Very truly yours, IRWIN & McKTNIGHT Douglas t. Miller LJU LW ACAS cc: David and Christine Moore CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Burton Neil, Esquire 1060 Andrew Drive Suite 170 West Chester, PA 19380 (Attorney for Plaintiff) Date: September 7, 2006 IRWIN & McKNIGHT r Y Douglas . Miller, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant, Christine M. Moore SHERIFF'S RETURN - REGULAR CASE NO: 2006-04461 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WORLDWIDE ASSET PURCHASING LLC VS MOORE CHRISTINE M ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MOORE CHRISTINE M the DEFENDANT , at 1410:00 HOURS, on the 4th day of August , 2006 at 244 MEALS DRIVE CARLISLE, PA 17013 CHRISTINE MOORE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.40 ? 08/04/2006 9/,? BURTON NEIL Sworn and Subscibed to before me this day Deputy Sheriff of A. D. BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire, Id. no. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff WORLDWIDE ASSET PURCHASING, LLC Plaintiff V. CHRISTINE M. MOORE IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-4461 Defendant : CIVIL ACTION - LAW Reply to New Matter 11. Denied. After reasonable investigation plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. 12. Denied. Defendant's Exhibit A `spears for itself.' After reasonable investigation plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. 13. Denied. Plaintiff did not fail or refuse to send statements to defendant. It did not send statements to defendant after it purchased the account from Direct Merchants Credit Card Bank. After reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment as it pertains to the actions Direct Merchants Credit Card Bank. 14. Denied. Plaintiff incorporates by reference reply paragraph 13. The conclusion averred that charges wrongly accrued is denied as the balance as claimed in the complaint is correct. 15. Denied. After reasonable investigation plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. 16. Denied. There are no allegations of act set forth in the averment. No responsive pleading is required pursuant to Pa R.C.P. 1029(d) 17. Denied. Defendant's last payment was' made on September 15, 2004. Therefore, the defense of the statute of limitations is not applicable. 18. Denied. There are no allegations of fact set forth in the averment. No responsive pleading is required pursuant to Pa R.C.P. 1029(d). 19. Denied. There are no allegations of fact set forth in the averment. No responsive pleading is required pursuant to Pa R.C.P. 1029(d). Furthermore, after reasonable investigation plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. 20. Denied. There are no allegations of fact set forth in the averment. No responsive pleading is required pursuant to Pa R.C.P. 1029(d). BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. Gayle Dixon I, Verification am the C LLS DC?I.IG A "for the within Plaintiff and verify that the statements of fact made in the foregoing reply to new matter are true upon my information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Worldwide Asset Purchasing v. Christine M. Moore Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff WORLDWIDE ASSET PURCHASING, LLC Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINE M MOORE Defendant : NO. 06-4461 : CIVIL ACTION -LAW Certificate of Service I, Burton Neil, Esquire, do hereby certify that I served a true and correct copy of the within Plaintiff's Reply to New Matter on defendant's counsel, Douglas G. Miller, Esquire, at his address of record via first class mail, postage prepaid on the date set forth below. Date: db Burton Neil, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 67763 ? n 1i rt t-{ ? ?a CJ .A7 Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff WORLDWIDE ASSET PURCHASING, LLC : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4461 CHRISTINE M MOORE Defendant CIVIL ACTION -LAW Statement of Intention to Proceed To the Court: Plaintiff, WORLDWIDE ASSET PURCHASING, LLC, intends to proceed with the above captioned matter. BurtonMil M Associates, P.C. Date: September 1, 2009 By: Werele CI Blasker, Esquire Attorney or Plaintiff In making this communication, we advise our firm is a debt collector. OF THE 2009 SEP -3 PM 3: 11 cuM, `s"` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE NNSYLVANIA Worldwide Asset Purchasing, LLC Plaintiff NO. 06-4461 Vs. cz ' . Christine M Moore "L; : - r } CJ Defendant ;zz RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantia lly ra`the ' , Following form: r PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Derek Blasker, Esquire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 16,012.56 The counterclaim of the defendant in the action is NA The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Douglas G Miller,Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. f1%, lly submitted, ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. eaE"' ?ad875° 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, Kevin A. Hess, P.J. E-h ?f 3y I..b',? Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff WORLDWIDE ASSET PURCHASING, LLC Plaintiff V. CHRISTINE M MOORE Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-4461 CIVIL ACTION - LAW Praecipe for Judgment Upon Stipulation of the Parties To the Prothonotary: Please enter judgment on behalf of plaintiff, WORLDWIDE ASSET PURCHASING, LLC, and against defendant, Christine M Moore, in accordance with the attached stipulation between the parties and assess damages in the sum ofAl6,012.56 plus costs. Burton 1'1leilw&kAssociates, P.C. By: In making this communication, we advise our firm is a debt collector. Esquire ar?? "ly 00 Pd ° ??_a becu,CQd 13u rton Noll & Assod"04 P, C.. . $r+: Derek :C . Ilia r; Puk-a ID.;NO: 202-150 1060 Andrew Drive, Suite. I TO 3?est.Ch6ster', P*19- 3.$Q Athwey fb r F:Iaktiff WORLDWME- ASABT:PI MIt G, EL-,C 11`'T119 C-OI7RT OP COMMON PLEAS: l ai n MAMMMO 00UN`IY P MYLVA IA V. N?; 06r4?6`i?l CM%TN1 -M MOOD Ddead lt. 'C1M . A C l - A StipalWou. Ar Eg" fJVidgda?e dt It is: hereby agread-ly and beiweett p1 tfx.W,0RivM. F- ASSET PL O,, i LLC, aW defendant, CWsfte-:M Moore,-lb :Ju ,erir." b* %Wed.oti bed fofthe plainfiff arid against Ihe. defe nt as set faa in the att ehod ? oipe for Judgment thnoUpolati m of the Para". n Anbp,i0m. P..C. mate f $y:. D : 'laslker, wire Attorney :f Plaintiff 0*: 12h4lli OF 'Iler;:l 4quire. .Anaey for Defeindamt In mWdng this communication, we advise oar- r-m-ls a -*bL collector. Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff WORLDWIDE ASSET PURCHASING, LLC 9911 Covington Cross Dr, Las Vegas 89144 Plaintiff V. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-4461 CHRISTINE M MOORE 244 Meals Drive Carlisle PA 17013 Defendant : CIVIL ACTION - LAW Certification of Address Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, I verify that the above are the precise last-known addresses of the judgment creditor and debtor. & Associates, P.C. By: , Esquire A The law firm of Burton Neil & Associates is a debt collector. Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff WORLDWIDE ASSET PURCHASING, LLC Plaintiff V. CHRISTINE M MOORE Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-4461 : CIVIL ACTION - LAW Affidavit of Non-Military Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, I verify that pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA) the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense website. By: & Associates, P.C. k C. Blasker, Esquire Atto ev for Plaintiff The law firm of Burton Neil & Associates is a debt collector. Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff ID. NO. 202150 WORLDWIDE ASSET PURCHASING, LLC Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. CHRISTINE M MOORE Defendant : NO. 06-4461 CIVIL ACTION - LAW Rule of Civil Procedure NO. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on 119.11, - Prothonotary By: 3W0009P Deputy If you have any questions concerning the above, please contact: Derek C. Blasker, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 The law firm of Burton Neil & Associates is a debt collector.