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Home My WebLink About08-1170OunFile No.: 152466 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 191,14 (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. SUSAN YEINGST 51 MOUNTAIN ST LOT 8 MOUNT HOLLY SPRINGS, PA 17065- 1431 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: D$ - 11 70 C iv; 1 -re" 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 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 . z 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. SUSAN YEINGST 51 MOUNTAIN ST LOT 8 MOUNT HOLLY SPRINGS, PA 17065- 1431 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CU- /I?D T 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 SUSAN YEINGST, an adult individual residing at 51 MOUNTAIN ST LOT 8 MOUNT HOLLY SPRINGS, PA 17065-1431. 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 $1,596.65. 8. Although demand has been made, Defendant has failed to make payment of the amount due as above 9. The original creditor is CITI-SEARS. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,596.65 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorne fbT Plaintiff A Law Firm En a? in Debt Collection BY: Dated: 2/15/2008 J. Apothaker Our File No.: 152466 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: 2/15/2008 LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 SUSAN YEINGST 51 MOUNTAIN ST LOT 8 MOUNT HOLLY SPRINGS, PA 17065-1431 STATEMENT OF ACCOUNT Debtor's Name: SUSAN YEINGST Account Number: 1150061962520 Original Creditor: CITI-SEARS Balance Due: $1,596.65 Our File No.: 152466 EXHIBIT "A" r? ri..> -F ? crr - R? J O z_ L °--sx -- `T7 ? w vs. In the Court of Common Pleas of Cumberland County, Pennsylvania ':?- oAr" E No. az5 -1170 Civil.'t39' To Prothonotary 19 h Attorney for P'htintifP"' No. Term, 19 vs. PRAECIPE Filed 19 , Atty. 'tNV p,SNN V) .. O t -0 wd 9- '?W ?tiOZ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC Plaintiff No: 08-1170 vs. CIVIL ACTION - LAW SUSAN YEINGST Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Pursuant to Pa.R.C.P. No's 1017(a) and 1028, Defendant Susan Yeingst, 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 $1, 596.65 plus attorney fees and costs. 2. Plaintiff has failed to attach to the Complaint any signed written contract between Defendant and the Plaintiff. 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 Plaintiff sold and delivered goods to 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. Pa.R.C.P.No.1024 requires, inter alia, that pleadings containing averments of fact must be verified by the party making those averments. 6. None of the exceptions to the requirement for verification exist on the face of the record in this case. WHEREFORE, Defendant Yeingst demands the Plaintiff's Complaint be stricken without prejudice to the filing of a properly verified andmore specific Complaint, within twenty (20) days. II. MOTION TO STRIKEANSUFFICIENT SPECIFICITY OF PLEADING 7. Paragraph's 1-6 are incorporated herein by reference hereto. 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. 9. 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. 10. 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 Yeingst demands that Plaintiff s Complaint be stricken without prejudice to the filing by Plaintiff of an Amended Complaint. Date: 3/<,/09 MIDPENN LEGAL SERVICES /` 1! By: ?? «( ///J Geoffrey M. Biringer, Esqui 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID #18040 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC Plaintiff : No: 08-1170 vs. CIVIL ACTION - LAW SUSAN YEINGST Defendant PROOF OF SERVICE The undersigned hereby certifies that on the below stated date, he served a true and correct copy of the within Preliminary Objections, by mailing same to the office of the Plaintiff's attorney of record by regular first-class mail, postage pre-paid, addressed as follows, which service satisfies the requirements of Pa.R.C.P.No. 440: David J. Apothaker, Esquire 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 34, L i BY: Date Geoffrey M.Biringer 401 E.Louther Street Carlisle,PA 17013 (717) 243-9400 ID#18040 Attorneys for Defendant K I cyl ?r ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-01170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS YEINGST SUSAN TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon V7TNgg7 gTTgAN the DEFENDANT , at 1430:00 HOURS, on the 27th day of February , 2008 at 51 MOUNTAIN ST LOT 8 MOUNT HOLLY SPRINGS, PA 17065-1431 SUSAN YEINGST 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 3Vt /10 p So Answers: 18.00 6.72 00 10.00 R. Thomas Kline .00 34.72 02/28/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to before me this of By: day Deputy Sheriff A. D. Our File No.: 152466 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. SUSAN YEINGST Defendant. FILED-Of FiC : ROTHONOTAP',`? 2011 JUL 13 Ply 2* 02 CUMBERLSAYNDLVA COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-1170 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & A Attorneys A Law Firm Eng e( BY: \ David J. A Dated: 7/5/2011 11111111111111111111111111111111 TES, P.C. Debt Collection , Esquire