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Home My WebLink About07-3439APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney LD:#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215)634-8920 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. RICHARD V YATES 28 E MANOR AVE ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CS'7 - ~~f ~q 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 with twenty (20) days afrer 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 my 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 ONE. 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le han demandado a usted en la torte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hate falta asentar una comparencia escrita o con un abogado v entregar a la torte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del edemandante y requiere que usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D:#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. RICHARD V YATES 28 E MANOR AVE ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: O ~, 3 ~3 9 ~-~ ~.~.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, LVNV FUNDING LLC, is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is RICHARD V YATES, an adult individual residing at 28 E MANOR AVE ENOLA, PA 17025. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiff s records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $3,441.29 from July 06, 2004. . 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. ~ ' 9. The original creditor is SEARS. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $3,441.29 plus costs, and reasonable attorney's fees. APOTHAKER & ASSOCIATES, P.C. Attorn or Plaintiff A Law Firm E~d in Debt Collection BY: Apothaker Dated: 5/29/2007 Our File No.: 97943 VERIFICATION David J. Apothaker, ESQ. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subiect to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. DATE: 5/29/2007 Attorney for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. ` 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 RICHARD V YATES 28 E MANOR AVE ENOLA, PA 17025 STATEMENT OF ACCOUNT Debtor's Name: RICHARD V YATES Account Number: 5484130166730 Original Creditor: SEARS Date of Debt: July 06, 2004 Balance Due: $3,441.29 Our File No.: 97943 EXHIBIT "A" •- t v ~. w `~ `~ ~^ _ T r C ~ fT't W ~ ~ r _ y __ r : ` {,_~ _: ~ -< LVNV FUNDING LLC Plaintiff v. RICHARD V. YATES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3439 Civil Term CIVIL ACTION - LAW NOTICE TO PLEAD TO THE ABOVE-NAMED PLAINTIFF: You are hereby notified to file a written response to the enclosed pleading within twenty (20) days from service hereof or a judgment may be entered against you. DATE: 7/6/07 (717) 728-3038 LVNV FUNDING LLC Plaintiff v. RICHARD V. YATES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3439 Civil Term CIVIL ACTION - LAW ANSWER WITH NEW MATTER ANSWER 1. Defendant is without sufficient information, knowledge and/or belief to respond. 2. Admitted. 3. Denied. Plaintiff's Complaint does not specify the goods and/or services alleged to be purchased by Defendant. Defendant does not have access to Plaintiff's records and therefore is not able to sufficiently respond to the allegation. Moreover, Defendant denies ever purchasing anything from Plaintiff. 4. Denied. Plaintiff's Complaint does not list any goods and/or services. 5. Denied. Plaintiff's Complaint does not list any prices. 6. Denied. Exhibit "A" to Plaintiff's Complaint does not list any credits. Defendant does not have access to Plaintiff's records and therefore is not able to sufficiently respond to the allegation. 7. Defendant admits he has not made any payments to Plaintiff. 8. It is admitted only that Plaintiff has tried to get Defendant to pay monies. Plaintiff has failed to attach any contract. Defendant cannot therefore respond as to any amounts alleged to be owed. 9. Defendant admits only that he purchased items from Sears. WHEREFORE, Defendants respectfully request that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER 10. Defendant hereby incorporates paragraphs 1 through 9 above as if fully set forth herein. AFFIRMATIVE DEFENSES 11. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 12. Plaintiff's claims are barred by the doctrines of waiver, estoppel and/or laches. 13. The damages alleged by Plaintiff are inaccurate and unlawful and not owed by the Defendant. 14. Plaintiff suffered no ascertainable loss of money or property as the alleged debt was purchased in default, along with possibly thousands of other alleged debts, for a nominal amount by Plaintiff. 15. The Plaintiff has no standing to bring this action. 16. This Honorable Court lacks subject matter jurisdiction over the allegations of the Complaint. 17. The Plaintiff is not entitled to fees, costs, interest, etc. as there is no contract between Plaintiff and Defendant. 18. Defendant disputes the amount alleged by Plaintiff. 19. As Plaintiff has not attached any contract to its Complaint or evidence of a debt owed, Defendant cannot be certain as to any further affirmative defenses he may have or the claims he may have against Plaintiff arising from its collection practices. Defendant reserves the right to assert additional affirmative defenses as discovery warrants. WHEREFORE, Defendants respectfully request that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, DATE : ~ ~~j ~~ D YATES 28 E. M nor Avenue Enola, 17Q25 (717) 728-3038 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 6 RICHARD V. YATES CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the within document upon attorney for Plaintiff by mailing same, postage prepaid at Harrisburg, PA, on the filing date, at the following address: David J. Apothaker, Esq. 2417 Welsh Road Suite 21 #520 Philadelphia, PA 19114 o.,EO:~16/0~ C7 '~ __ ~.__ r_ ~~ i , _ i t.. ~.. tom _ ~ ~_~,. ~. f .,1 ~ .. ._:y. ~...'.~ ~1 ... { ~ <'.~ ..., ~ T'+ "` SHERIFF'S RETURN - REGULAR CASE NO: 2007-03439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS YATES RICHARD V MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon YATES RICHARD V the DEFENDANT at 2047:00 HOURS, on the 18th day of June 2007 at 28 E MANOR AVE ENOLA, PA 17025 CINDY YATES, WIFE 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: Docketing 18.00 Service 28.80 Affidavit .00 Surcharge 10.00 00 Ll a b` 0 9 ~.. 5 Sworn and Subscibed to before me this day So Answers : ///p R. Thomas Kline 06/20/2007 APOTHAKER & ASSOCIATES By. _ -- eputy Sh iff of A.D. .. , Our file No.: 97943 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esq. Attorney I.D.#55140 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 215-634-8920 Attorneys for Plaintiff LVNV FUNDING LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. RICHARD V YATES Defendant. DOCKET NO.: 07-3439 CIVIL TERM Civil Action ANSWER TO NEW MATTER Plaintiff, LVNV FUNDING LLC, by and through their attorney, answers the following New Matter: 10. No responsive pleading required. 11. Denied. Plaintiff's complaint brings a valid cause of action against the defendant. 12. Denied. Plaintiff's claim is not barred by the doctrines of waiver, estoppel and or laches. 13. Denied. The sums due and owing are correct. 14. Denied. Plaintiff acquired all rights of consideration and financial benefits through it's purchase of this account. 15. Denied. Plaintiff purchased this account and is the real party in interest. 16. Denied. The court has jurisdiction over this matter. C 17. Denied. Plaintiff acquired all rights of consideration and financial benefits through it's purchase of this account. 18. Denied. After reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth in paragraph 18 and strict proof thereof is demanded. 19. Denied. After reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth in paragraph 18 and strict proof thereof is demanded. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm En~a~ed,in Debt Collection . Scian DATED: July 27, 2007 VERIFICATION Kimberly F. Scian, Esa. 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. I~imb~,t`ly F. clan, Esq. Attorney r Plaintiff DATE: July 27, 2007 4 Our file No.: 97943 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esq. Attorney I.D.#55140 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff LVNV FUNDING LLC vs. Plaintiff, RICHARD V YATES Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 07-3439 CIVIL TERM CERTIFICATION OF SERVICE I, Kimberly F. Scian, Esq., attorney for Plaintiff, certify that on July 27, 2007, I mailed a copy of the Answer to New Matter by Regular mail to RICHARD V YATES 28 E MANOR AVE ENOLA, PA 17025 Kimberly F~cian, Esq. Attorney for Plaintiff Date: July 27, 2007 ~~~ - ~ ~ ' ~=' ~_~, ~ ~ -~ ~~ ~ C -17 ~~ __ {~~ ~. ~~ N ~ _... '<