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Home My WebLink About08-0117Our File No.: 128560 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. PATRICIA A HOWARD 162 E LOUTHER ST CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: C)S - 111 Civi I -rem 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 demanda 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 pe ona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 otificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisioner de esta emlanda. 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.'Apothdker, 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. PATRICIA A HOWARD 162 E LOUTHER ST CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 k - J/11 C'-<, ,t 7i,,, CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, LVNV FUNDING, LLC, is a company with its principal placer of' business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 214520, Philadelphia, PA 19114. 2. Defendant is PATRICIA A HOWARD, an adult individual residing at 162 E LOUTHER ST CARLISLE, PA 17013. 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 priced 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 $12,095.93. 1 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 $12,095.93 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTH=R ASSOCIATES, P.C. Attorn y or Plaintiff d in Debt Collection A Law Firm Ent t BY: David . Apothaker Dated: 12/21/2007 Our File No.: 128560 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. David pothaker Attorney for Plaintiff DATE: 12/21/2007 LVNV FUNDING, LLC ' c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 PATRICIA A HOWARD 162 E LOUTHER ST CARLISLE, PA 17013 STATEMENT OF ACCOUNT Debtor's Name: PATRICIA A HOWARD Account Number: 5121070139142703 Original Creditor: SEARS Balance Due: $12,095.93 Our File No.: 128560 EXHIBIT "A" v ea F 3 `a3 CJ -< 8 ?L vs. i n A ? In the Court of Common Pleas of Cumberland County, Pennsylvania No. To Prothonotary 19 Attorney No. Term, 19 VS. PRAECIPE Filed 19 Atty. IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC Plaintiff ; No: 08-117 VS. CIVIL ACTION - LAW PATRICIA HOWARD Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Pursuant to Pa.R.C.P. No 1028, Defendant Howard, by and through her attorneys, MidPenn Legal Services, preliminarily objects to Plaintiff's Complaint and moves for its dismissal as follows: 1. MOTION TO STRIKE/FAILURE OF PLEADING TO CONFORM TO LAW AND RULE OF COURT 1. Plaintiff filed a Complaint demanding damages in the amount of $12, 095.93, plus attorneys' fees and costs. 2. Plaintiff has failed to attach to the Complaint any signed written contract between Plaintiff and the original creditor. Although this contract would form the very core of Plaintiff's case, such a writing has not been appended to the Complaint, nor its absence explained, as required by Pa.R.C.P. No. 1019(i). 3. Although Plaintiff avers that goods and services were received by the Defendant, no description of goods or services forming the basis for the Complaint were attached to the Complaint. 4. In addition, while Plaintiff claims in Paragraph 7 that Defendant defaulted under the terms of the agreement, Plaintiff fails to attach any documentation of charges or payments which would evidence such a default. 5. Plaintiff failed to attach any written assignment of this debt from the original creditor to the Plaintiff so as to permit this Plaintiff the right to collect any debt found due and owing. WHEREFORE, Defendant Howard demands the Plaintiff's Complaint be dismissed. II. MOTION TO STRIKEANSUFFICIENT SPECIFICITY OF PLEADING 6. Paragraph's 1-5 are incorporated herein by reference hereto. 7. As a whole, the Complaint is grossly vague and lacking in factual averments such that Defendant is without knowledge or information sufficient to form a meaningful response and prepare a defense. 8. The Complaint fails to provide any documentation or accounting of charges allegedly made by Defendant, which would support Plaintiff's claim of damages, such as a breakdown of charges, payments, and interest, so that Defendant can properly formulate a response and assert any counterclaims. 9. Given the generality of Plaintiff's allegations and failure to attach any documentation to support its claim, the Complaint fails to satisfy the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant Howard demands that Plaintiff's Complaint be dismissed. Date: Zy?? MIDPEN LEGAL SERVICE By: Geoffrey M. Biringer, Esquire 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID #18040 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Preliminary Objections on this 24th day of January,2008, by placing same in the United States mail, first class, postage prepaid, addressed as follows: David J. Apothaker, Esquire 2417 Welsh Road, Suite 21, #520 Philadelphia,PA 19114 -24 By: Geoffrey M. Biringer Attorney for the Plaintiff MidPenn Legal Services 401 E. Louther Carlisle, PA 17013 Supreme Court I13#18040 ._..? - _ ?> =i c.__ ?-' ?? - .- ??? f'?.? , , __ C" ? _ SHERIFF'S RETURN - REGULAR CASE NO: 2008-00117 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FINDING LLC VS HOWARD PATRICIA A 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 HOWARD PATRICIA A the DEFENDANT , at 1019:00 HOURS, on the 9th day of January , 2008 at 162 E LOUTHER STREET CARLISLE, PA 17013 PATRICIA HOWARD 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 Service Affidavit Surcharge 18.00 4.80 .00 10.00 .00 32.80 So Answers: -1A Sworn and Subscibed to before me this day of R. Thomas Kline 01/11/2008 APOTHAKER & ASSOCIATES BY: T5bpUFS7 S iff A.D. ,Our File No.: 128560 APOTHAKER & ASSOCIATES, P.C. BY: David 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. ) PATRICIA A HOWARD ) Defendant. ) r"F THEPROTI ONLI ZO! i JUL 22 AM 10.- CUMBERLAND PECOUNTY d. A NIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-117 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys fo laintiff A Law Firm Engag r tion By: David J. Apothaker, Esquire Dated: 7/18/2011