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HomeMy WebLinkAbout08-2758 Our File No.: 154051 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. TRACY SINK 215 4TH ST NEW CUMBERLAND, PA 17070-2118 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08 - 1758 0iVi(-T&-M 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 ]a 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 continuer 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 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.# 38423 2417 Welsh Road, Suite 214520 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. TRACY SINK 215 4TH ST NEW CUMBERLAND, PA 17070-2118 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: '75 p Cc'-a 741? 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 TRACY SINK, an adult individual residing at 215 4TH ST NEW CUMBERLAND, PA 17070-2118. 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 $2,506.92. ~ above. 8. Although demand has been made, Defendant has failed to make payment of the amount due as 9. The original creditor is CITI-SEARS. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,506.92 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER Atto A Law Firm BY: Dated: 4/10/2008 David J. SOCIATES, P.C. Plaintiff in DebtEollectioi Our File No.: 154051 VERIFICATION David J. Apothaker, EN. 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 ups#orn falsification to authorities. David J. Apothaker Attorney for Plaintiff DATE: 4/10/2008 LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 TRACY SINK 215 4TH ST NEW CUMBERLAND, PA 17070-2118 STATEMENT OF ACCOUNT Debtor's Name: TRACY SINK Account Number: 5121075008687977 Original Creditor: CITI-SEARS Balance Due: $2,506.92 Our File No.: 154051 EXHIBIT "A" .P C*Z 00 en - A -.1 00 Ul 0 a C) N cz cz5 (%A SHERIFF'S RETURN - REGULAR CASE NO: 2008-02758 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS SINK TRACY KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE SINK TRACY the was served upon DEFENDANT , at 1733:00 HOURS, on the 14th day of May , 2008 at 128 S ENOLA DR ENOLA, PA 17025 by handing to CHANELL MONROE, DAUGHTER 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 18.00 15.00 .00 10.00 .00 43.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 05/15/2008 APOTHAKER & ASSOCIATES By: z j De uty Sh i f A.D. LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff V. TRACY SINK 128 S. Enola Dr. Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-2578 IN CIVIL ACTION PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the defendant, Tracy Sink, by and through her legal counsel, Geoffrey M. Biringer and MidPenn Legal Services, and files these PRELIMINARY OBJECTIONS TO PLAINTIFF'S CIVIL ACTION COMPLAINT FIRST COUNT, and in support thereof avers the following: Plaintiff is LVNV FUNDING LLC, a company with its principle place of business at c/o Apothaker & Associates, PC 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (hereinafter "Plaintiff') 2. Apothaker & Associates is a law firm engaged in debt collection. 3. Defendant is Tracy Sink (hereinafter "Defendant") 4. Plaintiff filed its Complaint on April 29, 2008, alleging that Plaintiff sold and delivered, at the special instance and request of Defendant, goods and/or services which Defendant received and accepted. Plaintiff's Complaint attached hereto as Exhibit "A" 5. Plaintiff claims that it is owed the alleged balance on the account of the alleged original creditor CITI-SEARS and demands damages in the amount of $2,506.92 plus attorney's fees and costs. Preliminary Objections to Plaintiff's Complaint, Page 1 PRELIMINARY OBJECTION PURSUANT TO PA. R. CIv. P. 1028(A)(2) (FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) AND PA. R. CIv. P. 1028(A)(5) (LACK OF CAPACITY TO SUE) FOR FAILURE TO PLEAD AND ATTACH ASSIGNMENT 6. Paragraphs 1 through of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 7. Plaintiff's Complaint is allegedly based upon a credit agreement entered into by Defendant and CITI-SEARS and has attached a "Statement of Account" to its Complaint listing CITI-SEARS as Original Creditor. 8. Plaintiff is not a party to the alleged agreement between Defendant and CITI-SEARS. 9. Pursuant to Pa. R. Civ. P. 1019(i), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 10. To the extent that any agreement pertaining to the alleged assignment of the account is written, the Complaint fails to comply with Pa. R. Civ. P. 1019(i) in that Plaintiff has failed to attach to its Complaint a copy of any written agreement showing the assignment of the account from the alleged original creditor CITI-SEARS to Plaintiff or any explanation for the absence thereof. 11. Therefore, Plaintiff's Complaint fails to state a prima facie case that it is a valid assignee or holder in due course of CITI-SEARS or that it has lawfully acquired any rights, title, and/or interest in Defendant's purported account or debt or that Plaintiff has any standing or capacity to sue Defendant as an assignee or holder in due course. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for failure to conform to a law or rule of court and lack of capacity to sue. Preliminary Objections to Plaintiff's Complaint, Page 2 PRELIMINARY OBJECTION PURSUANT TO P.A. R. CIV. P. 1028(A)(3) (INSUFFICIENT SPECIFICITY IN A PLEADING FOR FAILURE TO PROPERLY PLEAD ITEMS OR TIME, PLACE, AND SPECIAL DAMAGES 12. Paragraphs 1 through 11 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 13. Plaintiff claims that it is owed the alleged balance on the account of the alleged original creditor CITI-SEARS in the amount of $2,506.92 and attaches as sole support thereof a "Statement of Account" purportedly showing such balance. 14. Such "Statement of Account" fails to specify Defendant's request for products, goods or services or the amount, time and place of individual credit transactions making up the sum of special damages claimed. 15. Plaintiff fails to sufficiently specify the type and/or amount of the alleged debt owed, including the amounts and dates of the alleged charges, the amounts and dates of any payments made, the amounts and dates of any interest charges, and the amount and dates of any other charges. 16. Pa. R. Civ. P. 1019(f) requires that averments of time, place, and special damage shall be specifically stated. 17. Plaintiff's general assertion of damages therefore is in violation of Pa. R. Civ. P. 1019(f), and renders Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for insufficient specificity in a pleading. Preliminary Objections to Plaintiff's Complaint, Page 3 PRELIMINARY OBJECTION PURSUANT TO P.A. R. CIV. P. 1028(A)(3) (INSUFFICIENT SPECIFICITY IN A PLEADING) FOR FAILURE TO PROPERLY PLEAD ITEMS OR TIME, PLACE, AND SPECIAL DAMAGES 18. Paragraphs 1 through 17 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 19. Plaintiff claims that it sold and delivered, at the special instance and requests of Defendant, goods and/or services to Defendant at specific times, of kinds, in quantities, and for prices as set forth in Plaintiff s records, and that a true and correct copy of such records, including any credits to which Defendant is entitled, is attached to the Complaint as "Statement of Account." 20. The "Statement of Account" fails to specify Defendant's request for goods and/or services or the times, kinds, quantities, or prices of such goods and/or services and fails to specify any delivery thereof. 21. The "Statement of Account" fails to specify the type and/or amount of the alleged debt owed, including the amounts and dates of any credits to which the Defendant is entitled. 22. Pa. R. Civ. P. 1019(f) requires that averments of time, place, and special damage shall be specifically stated. 23. Plaintiff s general assertion of damages therefore is in violation of Pa. R. Civ. P. 1019(f), and renders Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for insufficient specificity in a pleading. PRELIMINARY OBJECTION PURSUANT TO PA. R. CIv. P. 1028(A)(2) (FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO ATTACH A WRITING 24. Paragraphs 1 through 23 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. Preliminary Objections to Plaintiff's Complaint, Page 4 25. Plaintiff bases its claim against the Defendant on a credit agreement creating the account between Defendant and CITI-SEARS. 26. The "Statement of Account" attached to Plaintiff's complaint purports to represent defendants account, but is of unknown origin and authenticity, is not a credit agreement, and is not signed by the defendant. 27. Plaintiff has failed to attach any credit agreement or application for a credit agreement made or signed by the Defendant. 28. Pursuant to Pa. R. Civ. P. 1019(i), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 29. To the extent that any credit agreement between Defendant and CITI-SEARS is written, Plaintiff's Complaint fails to comply with Pa. R. Civ. P. 1019(i) in that Plaintiff has failed to attach to its Complaint a copy of any such written credit agreement or any explanation for the absence thereof. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for failure to conform to a law or rule of court. PRELIMINARY OBJECTION PURSUANT TO PA. R. CIV. P. 1025(A)(2) (FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO ATTACH A WRITING 30. Paragraphs 1 through 29 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 31. Plaintiff bases its claim against the Defendant on the allegation that Plaintiff sold and delivered, at the special instance and request of Defendant, goods and/or services to Defendant at times, of kinds, in quantities, and for prices as set forth in Plaintiff's records, and references the "Statement of Account" as evidence thereof. Preliminary Objections to Plaintiff's Complaint, Page 5 32. The "Statement of Account" fails to specify Defendant's request for goods and/or services or the times, kinds, quantities. or prices of such goods and/or services and fails to specify any delivery thereof. 33. Pursuant to Pa. R. Civ. P. 1019(i), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 34. Plaintiff's Complaint fails to comply with Pa. R. Civ. P. 1019(i) in that Plaintiff has failed to attach to its Complaint a copy of any writing, or any explanation for the absence of a writing, specifying Defendant's request for goods and/or services or the times, kinds, quantities, or prices of such goods and/or services or any delivery thereof. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for failure to conform to a law or rule of court. PRELIMINARY OBJECTION PURSUANT TO PA. R. CIv. P. 1028(A)(2) (FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO PROPERLY VERIFY PLEADING 35. Paragraphs 1 through 34 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 36. Plaintiff's Complaint is verified by David J. Apothaker, Esq. who is identified as Attorney for Plaintiff. 37. Under Pa. R. Civ. P. 1024(c), a verification must be made by "one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading." 38. The verification of Plaintiff's Complaint fails to conform to Pa. R. Civ. P. 1024(c) because David J. Apothaker does not appear to be one of the parties filing the pleading, nor does Plaintiff allege Preliminary Objections to Plaintiff's Complaint, Page 6 that all the parties lack sufficient knowledge or information, or are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for failure to conform to a law or rule of court. Respectfully submitted, Date: MIDPENN LEGAL SERVICES By: eoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID# 18040 Preliminary Objections to Plaintiff's Complaint, Page 7 Our File No.: 154051 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.938423 2417 Welsh Road, Suite -'1 #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. ) } TRACY SINK ) 215 4TH ST ) NEW CUMBERLAND, PA 17070-2118 } Defendant. ) C)PY FROM RECORD tn" bl WJ 04 C?m i COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: lq _ a?58 NOTICE (2i vi l 7erM 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 JO 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 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 PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. r CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 rxµF atr ? APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.# 38423 2417 Welsh Road, Suite 21 4520 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. TRACY SINK 215 4TH ST NEW CUMBERLAND, PA 17070-2118 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 TRACY SINK, an adult individual residing at 215 4TH ST NEW CUMBERLAND, PA 17070-2118. 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 $2,506.92. 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 $2,506.92 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHtR SOCIATES, P.C. Atto y fo Plaintiff A Law Firm E aize in Debt. Collection BY: David J. Dated: 4/10/2008 Our File No.: 154051 FX?T "4" 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 uO*om falsification to authorities. David J. Apothaker Attorney for Plaintiff DATE: 4/10/2008 X bs7 W' LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 TRACY SINK 215 4TH ST NEW CUMBERLAND, PA 17070-2118 STATEMENT OF ACCOUNT Debtor's Name: TRACY SINK Account Number: 5121075008687977 Original Creditor: CITI-SEARS Balance Due: $2,506.92 Our File No.: 154051 EXHIBIT "A" rxftT LVNV FUNDING LLC ) IN THE COURT OF COMMON PLEAS OF c/o Apothaker & Associates, P.C. ) CUMBERLAND COUNTY, PENNSYLVANIA 2417 Welsh Road, Suite 21 #520 ) Philadelphia, PA 19114 } Plaintiff ) No. 08-2578 V. ) TRACY SINK ) 128 S. Enola Dr. ) IN CIVIL ACTION Enola, PA 17025 ) Defendant ) CERTIFICATE OF SERVICE The undersigned hereby certifies that on the date stated below, he served a true and correct copy of the within Preliminary Objections, by mailing same to the office of Plaintiff s attorney of record by first class mail addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: David J. Apothaker, Esq. Apothaker & Associates, PC 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Date: 2-?© By: eoffrey M. Biringer MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID# 18040 r' ?_? M. - -?< ' ? e N ' is"?.: ,;;-; ?, ., ... } ?, d _? ?-e C`7 Our File No.: 154051 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 vs. TRACY SINK Plaintiff, Defendant FILED-OFFICE' TH17 PROTHONOTARY 2011 JUL 13 PH Z: u° 1 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-2758 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for P tiff A Law Firm Engaged ' De ht Collection By: David J. ApotW pr, Esquire Dated: 7/5/2011 11111111111111111111111111111111111