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Home My WebLink About07-7594 Our File No.: 128717 APOTHAKFR & 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. JOAN A MARPOE 97 PARSONAGE ST NEWVILLE, PA 17241-1324 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: bl - '75q ! I t f erm 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 provisions 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. JOAN A MARPOE 97 PARSONAGE ST NEWVILLE, PA 17241-1324 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: O7 - 7599 Z-.1 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 JOAN A MARPOE, an adult individual residing at 97 PARSONAGE ST NEWVILLE, PA 17241-1324. 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 $2,839.13. 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 $2,839.13 and requests this Court award plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney r Plaintiff A Law Firm Eng in Debt Collection BY: David J. Dated: 12/6/2007 Our File No.: 128717 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 subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. DATE: 12/6/2007 Attorney for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 214520 Philadelphia, PA 19114 JOAN A MARPOE 97 PARSONAGE ST NEWVILLE, PA 17241-1324 STATEMENT OF ACCOUNT Debtor's Name: JOAN A MARPOE Account Number: 0362107091047 Original Creditor: SEARS Balance Due: $2,839.13 Our File No.: 128717 EXHIBIT "A" c-A n oo ` C 7 SQL od _- a 7 CA ? a SHERIFF'S RETURN - REGULAR CASE NO: 2007-07594 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS MARPOE JOAN A VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MARPOE JOAN A the DEFENDANT at 1120:00 HOURS, on the 28th day of December , 2007 at 97 PARSONAGE STREET NEWVILLE, PA 17241-1324 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 11.52 Affidavit 00 Surcharge 10.00 R. Thomas Kline \A .00 /l'?/?' ?? 39.52 12/28/2007 APOTHAKER & ASSOCIATES Sworn and Subscibed to By: f before me this day Deputy Sheriff of A.D. Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 LVNV FUNDING LLC c/o Apothaker & Associates, P.C. Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW JOAN A. MARPOE Defendant NO. 07-7594 PRAECIPE TO ENTER APPEARANCE To The Prothonotary: Kindly enter my appearance as attorney for the Defendant in the above captioned matter. Date: March 24, 2008 Afix DOUGLAS C. LOVELACE, JR., Esquire Attorney for Defendant C:3 Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 LVNV FUNDING LLC c/o Apothaker & Associates, P.C. ' Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOAN A. MARPOE Defendant CIVIL ACTION - IN LAW NO. 07-7594 NOTICE TO PLEAD To: LVNV Funding, LLC, through its attorney, David J. Apothaker, APOTHAKER & ASSOCIATES, P.C., 2417 Welsh Road, Suite 21, #520, Philadelphia, Pennsylvania, 19114. You are hereby notified to plead to the within New Matter, within twenty days from service hereof, or a default judgment may be entered against you Date: March 24, 2008 Very respectfully, DO LAS C. LOV ACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Defendant I s Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 LVNV FUNDING LLC c/o Apothaker & Associates, P.C. Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW JOAN A. MARPOE Defendant NO. 07-7594 DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, March 24, 2008, Defendant, by its attorney, Douglas C. Lovelace, Jr., files this Answer with New Matter to Plaintiff's Complaint and avers as follows: ANSWER FIRST COUNT 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. 2. Denied. Defendant resides at 95 Parsonage Street, Newville, PA 17241. 3. Denied. Exhibit "A" to Plaintiffs Complaint does not set forth goods and/or services, times, kinds, quantities, and prices, as Plaintiff claims in this averment. 4. Denied. Exhibit "A" to Plaintiff s Complaint does not set forth goods and/or services, times, kinds, quantities, and prices, as Plaintiff claims. By way of further answer, Defendant specifically denies owing Plaintiff the amount shown on Exhibit "A" of Plaintiff's Complaint. 5. Denied. Plaintiff's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent this averment is found not to be a conclusion of law, Defendant avers that Exhibit "A" to Plaintiffs Complaint does not set forth goods and/or services, times, kinds, quantities, and prices, as Plaintiff claims. By way of further answer, Defendant specifically denies having agreed to pay Plaintiff the amount shown in Exhibit "A" to Plaintiff's Complaint. 6. Denied. No credits are set forth in Exhibit "A" to Plaintiff's Complaint. 7. Denied. Defendant denies having any legal obligation to pay Plaintiff the balance claimed by Plaintiff. 8. Denied. Defendant denies having any legal obligation to pay Plaintiff the balance claimed by Plaintiff. 9. Admitted. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff s Complaint with prejudice, assess all costs against Plaintiff, and grant such other relief as the Court deems just and proper. NEW MATTER 10. Plaintiff's Complaint fails to state a cause of action, upon which relief may be granted. 11. Plaintiff's cause of action is barred by the applicable statute of limitations. 12. Plaintiff's cause of action is barred or limited by the doctrine of laches. 2 13. The original creditor, SEARS, delivered to Defendant defective goods with a fair market value of less than $2,000.00 and, notwithstanding repeated requests by Defendant, failed to replace or repair the defective goods. 14. Defendant paid Plaintiffs predecessor in interest, MRS Associates, no less than $2,100.00 on the account upon which Plaintiff basis its erroneous claim. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs Complaint with prejudice, assess all costs against Plaintiff, and grant such other relief as the Court deems just and proper. Respectfully submitted, Dated: March 24, 2008 '?a v.,, Oo . Douglas C. Lovelace, Jr., Esq. Attorney and Counselor at Law 36 Donegal Drive Carlisle, Pennsylvania 17013 (717) 385-1866 Attorney for Defendant 3 Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 LVNV FUNDING LLC c/o Apothaker & Associates, P.C. Plaintiff V. JOAN A. MARPOE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - IN LAW NO. 07-7594 VERIFICATION I, Douglas C. Lovelace, Jr., Esquire, hereby state I am counsel for the Defendant in this action, I am authorized to take this Verification, and the statements made in the foregoing Defendant's Answer to Plaintiff s Complaint with New Matter are true and correct to the best of my knowledge, information, and belief. I understand that the statements therein are subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unworn falsification to authorities. Date: March 24, 2008 ?a? 40l Douglas C. Lovelace, Jr. Attorney for Defendant LVNV FUNDING LLC c/o Apothaker & Associates, P.C. Plaintiff V. JOAN A. MARPOE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW : NO. 07-7594 CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for the Defendant hereby certify that on March 24, 2008, I served a true and correct copy of the foregoing answer with new matter upon the below named individual by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: David J. Apothaker, Esquire APOTHAKER AND ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, Pennsylvania, 19114 Attorney for Plaintiff Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 r-a tv s µ"' ?c.-?a Lbw t5° i Our file No.: 128717 APOTHAKER & ,ASSOCIATES, P.C. BY: Kimbbrly 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 ) Plaintiff, ) VS. ) JOAN A MARPOE ) Defendant. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 07-7594 Civil Action ANSWER TO NEW MATTER Plaintiff, LVNV FUNDING LLC, by and through their attorney, answers the following New Matter: 10. Denied. Plaintiff's Complaint brings a valid cause of action against Defendant. 11. Denied. Plaintiff's claim is not barred by applicable statute of limitations. 12. Denied. Plaintiff s claim is not barred by the doctrine of laches 13. Denied. After reasonable investigation, answering plaintiff is without knowledge or information sufficient to form a belief as to the truth or veracity of the averment set forth in paragraph 13 and strict proof is demanded. 14. Denied. After reasonable investigation, answering plaintiff is without knowledge or information sufficient to form a belief as to the truth or veracity of the averment set forth in paragraph 14 and strict proof is demanded. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Coueetion Y: `--' Kimberl F. S an,Esquire DATED: April 8, 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. r Kim0erly . Scian, Esquire Attorney r Plaintiff DATE: 4/8/2008 ftb Our file No.: 128717 APOTHAKER &,ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.455140 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff LVNV FUNDING LLC vs. JOAN A MARPOE Plaintiff, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 07-7594 CERTIFICATION OF SERVICE 1, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on 4/8/2008, I mailed a copy of the Answer to New Matter by Regular mail to DOUGLAS C LOVELACE, JR., ESQUIRE 36 DONEGAL DRIVE CARLISLE, PA 17013 Kimberly F. clan, Esquire Attorney fo laintiff Date: 4/8/2008 N Cn Tl 71 ?T, fr; r n W ~'C