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Home My WebLink About07-7416 Our File No.: 1x25647 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. LINDA STILL 445 APPLETREE RD CAMP HILL, PA 17011-2105 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNT/Y1 NO.: d1- 741(p Ciyi ( `T? 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le han demandado a usted en la corte. 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 demands y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisioner 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 APOTHAKE%& 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 LVN V FUNDING LLC ) c/o Apothaker & Associates, P.C. ) 2417 Welsh Road, Suite 21 #520 ) Philadelphia, PA 19114 ) Plaintiff, ) vs. ) LINDA STILL ) 445 APPLETREE RD ) CAMP HILL, PA 17011-2105 ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 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 LINDA STILL, an adult individual residing at 445 APPLETREE RD CAMP HILL, PA 17011-2105. 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 Plaintiffs 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 $4,756.88. 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is PROVIDIAN FINANCIAL CORP. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $4,756.88 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER &A SS ATES, P.C. Attorney for lai tiff A Law Firm Enizage in ebt Collectigi BY: Dated: 11/28/2007 David J. Our File No.: 125647 VERIFICATION David J Apothakg, 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 subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities. DATE: 11/28/2007 Attorney for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 LINDA STILL 445 APPLETREE RD CAMP HILL, PA 17011-2105 STATEMENT OF ACCOUNT Debtor's Name: LINDA STILL Account Number: 4479410200414105 Original Creditor: PROVIDIAN FINANCIAL CORP Balance Due: $4,756.88 Our File No.: 125647 EXHIBIT "A" ? t 09 ry ? O b ? ? 00 B r._a rri C-) c? cr; C) TI --4 z^ IDA SHERIFF'S RETURN - REGULAR CASE NO: 2007-07416 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS STILL LINDA WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STILL LINDA the DEFENDANT at 1831:00 HOURS, on the 17th day of December_., 2007 at 445 APPLETREE ROAD CAMP HILL. PA 17011-2105 by handing to LINDA STILL 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 Service Affidavit Surcharge i? f ?l/c7 18.00 13.44 .00 10.00 .00 41.44 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 12/18/2007 APOTHAKER & ASSOCIATES By: --y ?,-/ - Deputy Sheriff A. D. LVNV FUNDING, LLC COURT OF COMMON PLEAS OF c/o Apothaker & Associates, P.C. CUMBERLAND COUNTY, PENNSYLVANIA 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114, NO. 07-7416 CIVIL TERM Plaintiff : V. LINDA STILL 445 Appletree Road Camp Hill, PA 17011-2105, Defendant NOTICE TO PLEAD TO: LVNV FUNDING, LLC c/o Apothaker & Associates, P. C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. R. Mark Thomas, Esquire Attorney for Defendant ID# 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: (717) 796-2100 LVNV FUNDING, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7416 CIVIL TERM Plaintiff V. LINDA STILL 445 Appletree Road Camp Hill, PA 17011-2105, Defendant ANSWER AND NEW MATTER AND NOW, comes the Defendant, LINDA STILL, by and through her counsel, R. Mark Thomas, Esquire, and files this Answer and New Matter to the Complaint. 1. Denied. Defendant is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. 2. Admitted. 3. Denied. Defendant is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. 4. Denied. Defendant is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. 5. Denied. Defendant is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. 6. Denied. Defendant is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. 7. Denied. Defendant is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. 8. Denied. Defendant is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. 9. Denied. Defendant is without sufficient knowledge, information or belief following reasonable investigation to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. WHEREFORE, Defendant prays this Honorable Court will enter judgment in favor of the Defendant and against the Plaintiff. NEW MATTER 10. The answers set forth in paragraphs 1 through 9 are incorporated herein as if set forth at length. 11. The Plaintiff's claim is barred by the applicable statute of limitations. -s WHEREFORE, Defendant prays this Honorable Court will dismiss this action with prejudice and award attorney's fees and court costs, if applicable. Respectfully submitted, ?*0?4 - R. Mark Thomas, Esquire Attorney for Defendant ID No. 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: (717) 796-2100 VERIFICATION I, LINDA STILL, hereby verify that the statements made in the foregoing Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. A STILL DATE: January 2008 c?; ,,,? - ? , , __ ? ?" rlj T? o !'-= ? 7-, ,? ) C.+": -L7 Our file No.: 125647 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire 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. LINDA STILL Defendant. DOCKET NO.: 07-7416 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 claim is not barred by the applicable statute of limitations. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Enp,ged in Debt Collection - BY. Ki bery F. Scian, Esquire DATED: February 11, 2008 VERIFICATION Kimberly F. Scian, 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: 2/11/2008 Our file No.: 125647 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff LVNV FUNDING LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. NO.: 07-7416 LINDA STILL Defendant. CERTIFICATION OF SERVICE I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on 2/11/2008, I mailed a copy of the Answer to New Matter by Regular mail to R. MARK THOMAS, ESQUIRE 101 SOUTH MARKET STREET MECHANICSBURG, PA 17055 Scian, Esquire r Plaintiff Date: 2/11/2008 7 Our File No.: 125647 APOTHAKER & ASSOCIATES, P.C. W: bavid J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff LVNV FUNDING LLC Plaintiff, vs. LINDA STILL FILED-OFF IC" 'r THE PROTHONC?u,= ' 2011 JUL 22 AM 10: 11 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-7416 Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKE SSOCIATES, P.C. AZ ey for PJaintif ' A Law Fi Enga ed in De Collection By: David J. Apothaker, Esquire Dated: 7/15/2011 1