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Home My WebLink About08-7382w Oi r File'No.: 190300 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. TERRANCE FAUST & CONNIE FAUST 647 BRITTON RD SHIPPENSBURG, PA 17257-9522 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: pB - '7382 0'wi t Ter-W, 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Cur file No.: 190300 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. TERRANCE FAUST & CONNIE FAUST 647 BRITTON RD SHIPPENSBURG, PA 17257-9522 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 ? - 73 8.Z C,'v,'J ?t?^n CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are TERRANCE FAUST & CONNIE FAUST, an adult individual residing at 647 BRITTON RD SHIPPENSBURG, PA 17257-9522. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #0231601100024286; and said account was issued to Defendant(s) by IONICS, the Original creditor. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $5,364.74. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. ' . , 'CHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $5,364.74 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & Attorney A Law Firm Engal BY: Dated: 12/11/2008 RTES, P.C. Debt David J. A?Kaker, Esquire Our File No.: 190300 t VERIFICATION David J. Apothaker. 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 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 falsification to authorities. David J. Apo aker, Esquire Attorney fo Plaintiff DATE: 12/11/2008 TERRANCE FAUST & CONNIE FAUST 647 BRITTON RD SHIPPENSBURG, PA 17257-9522 STATEMENT OF ACCOUNT LVNV FUNDING LLC Debtor's Name: TERRANCE FAUST & CONNIE FAUST Account Number: 0231601100024286 Original Creditor: IONICS Balance Due: $5,364.74 Our File No.: 190300 EXHIBIT "A" cp cz `r t - r n + 1 G ?A ?J. SHERIFF'S RETURN - REGULAR CASE NO: 2008-07382 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS FAUST TERRANCE ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon UATTCT rrUDDATTTr" the DEFENDANT , at 1135:00 HOURS, on the 29th day of December , 2008 at 647 BRITTON ROAD SHIPPENSBURG, PA 17257-9522 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 17.10 .00 -oo?*p 10.00 R. Thomas Kline .00 45.10 12/30/2008 APOTHAKER & ASSOCIATES By ?2?ixf4- day -' Deputy Sheriff A. D. ? ,, t -.J e? ?1] LL$.i ` _Y .? ?.4 ?:? ?} .. Y?'a,.? .... SHERIFF'S RETURN - REGULAR CASE NO: 2008-07382 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS FAUST TERRANCE ET AL 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 T aTT.gT rnNNTTF the DEFENDANT , at 1135:00 HOURS, on the 29th day of December-, 2008 at 647 BRITTON ROAD SHIPPENSBURG, PA 17257-9522 by handing to TERRANCE FAUST, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 12/30/2008 APOTHAKER & ASSOCIATES By: ,?? x?,/ day eputy Sheriff A. D. f i Ci, t? .3 l 4,.i Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 LVNV FUNDING LLC : IN THE COURT OF COMMON c/o Apothaker & Associates : PLEAS 520 Fellowship Road, C306 : CUMBERLAND COUNTY, Mount Laurel, NJ 08054 : PENNSYLVANI A Plaintiff V. CIVIL ACTION - IN LAW TERRANCE FAUST AND CONNIE FAUST : NO. 08-7382 Civ il Term 647 Britton Road Shippensburg, PA 17013 Defendants To The Prothonotary: Kindly enter my appearance as attorney for the Defendants in the above captioned matter. Date: February 9, 2009 ?( . CE, JR., Esquire DOUGLA Attorney for N r, co r ? J C. I V Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 LVNV FUNDING LLC : IN THE COi c/o Apothaker & Associates : PLEAS 520 Fellowship Road, C306 : CUMBERL7 Mount Laurel, NJ 08054 : PENNSYLV Plaintiff V. CIVIL ACTI TERRANCE FAUST AND CONNIE FAUST : NO. 08-7382 647 Britton Road Shippensburg, PA 17013 Defendants NOTICE TO PLEAD To: LVNV FUNDING LLC, c/o Apothaker & Associates, 520 F Mount Laurel, NJ 08054. OF COMMON COUNTY, - IN LAW vil Term ip Road, C306, You are hereby notified to plead to the within New Matter, wi* twenty days from service hereof, or a default judgment may be entered against you. Very respectWly, AB CV" , Date: February 9, 2009 DOUGLAS C. LOVEL Attorney Identification 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Defendants W JR., Esquire er: 83889 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 520 Fellowship Road, C306 Mount Laurel, NJ 08054 : IN THE COURT OF COMMON PLEAS : CUMBE COUNTY, : PENNSYL ANIA Plaintiff V. CIVIL AC ON - IN LAW TERRANCE FAUST AND CONNIE FAUST : NO. 08-738 Civil Term 647 Britton Road Shippensburg, PA 17013 Defendants MATTER AND NOW, February 9, 2009, Defendants, Terrance Faust and Connie Faust, by their undersigned attorney, Douglas C. Lovelace, Jr., files this Ans er with New Matter to Plaintiffs Complaint and avers as follows: ANSWER 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation, Defendants are 'thout knowledge or information sufficient to form a belief as to the truth of this averme t and, therefore, proof thereof is demanded, if relevant. 4. Denied. After reasonable investigation, Defendants are information sufficient to form a belief as to the truth of this averm rithout knowledge or it and, therefore, i proof thereof is demanded, if relevant. By way of further answer, if the account Plaintiff references in its Complaint is attributable to Defendants, Defendants specifically deny having benefited from said account. 5. Denied. After reasonable investigation, Defendants areIwithout knowledge or information sufficient to form a belief as to the truth of this averment and, therefore, proof thereof is demanded, if relevant. By way of further answer, Defendants deny that Exhibit "A" to Plaintiff s Complaint is a true and correct copy of 4 total due and owing by Defendants. By way of further answer, Defendants specifically balance of $5,364.74. 6. Denied. After reasonable investigation, Defendants are information sufficient to form a belief as to the truth of this proof thereof is demanded, if relevant. By way of further answer, credits to which Defendants may be entitled are included in Complaint. 7. Denied. Defendants deny owing the amount claimed by WHEREFORE, Defendants respectfully requests that this dismiss Plaintiff's Complaint with prejudice, assess all costs Defendants such other relief as the Court deems just and proper. NEW MATTER 8. Plaintiff's Complaint fails to state a cause of action, granted. 9. Plaintiff's cause of action is barred by the applicable 10. Plaintiff s cause of action is barred or limited by the owing an unpaid knowledge or and, therefore, deny that "A" of Plaintiff's Court t Plaintiff, and grant i which relief may be of limitations. of lathes. 2 r 11. Plaintiff's cause of action is barred or limited by the d trine of estoppel. 12. The original creditor, IONICS, sold to Defendants def tive goods and, notwithstanding repeated requests by Defendant, failed to replace i repair the defective goods. 13. Defendants paid IONICS for the defective goods until such time as IONICS failed to repair or replace the defective goods. 14. Defendants have no further obligation to IONICS nor to any alleged successor in interest. WHEREFORE, Defendants respectfully requests that this onorable Court dismiss Plaintiff's Complaint with prejudice, assess all costs ag ' t Plaintiff, and grant such other relief as the Court deems just and proper. Respectfully submi d, 4"60 Dated: February 9, 2009 Douglas C. Lovel , Jr., Esquire Attorney and Co for at Law 36 Donegal Drive Carlisle, Pennsylv a 17013 (717) 385-1866 Attorney for Defen t 3 y OF COMMON COUNTY, - IN LAW ril Term ppens urg, Defendants VERIFICATION The undersigned does hereby verify, subject to the penalties of 8 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, that the facts and circ stances set forth in the foregoing Answer with New Matter are true and correct to the best of s knowledge, information, and belief. LVNV FUNDING LLC : IN THE COI: c/o Apothaker & Associates : PLEAS 520 Fellowship Road, C306 : CUMBERLA Mount Laurel, NJ 08054 : PENNSYLV, Plaintiff V. CIVIL, ACTI1 TERRANCE FAUST AND CONNIE FAUST : NO. 08-7382 647 Britton Road Shi b PA 17013 Date: February 9, 2008 Teiran'Se F Defendant , LVNV FUNDING LLC : IN THE COUR OF COMMON c/o Apothaker & Associates : PLEAS 520 Fellowship Road, C306 : CUMBERL COUNTY, Mount Laurel, NJ 08054 : PENNSYLV Plaintiff V. CIVIL ACTIO -IN LAW TERRANCE FAUST AND CONNIE FAUST : NO. 08-7382 C' '1 Term 647 Britton Road Shippensburg, PA 17013 Defendants CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for the Defendants hereby rtify that on February 9, 2009, I served a true and correct copy of the foregoing Answer with N w Matter upon the below named individual by depositing the same in the United States mail, class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: LVNV FUNDING LLC c/o Apothaker & Associates 520 Fellowship Road, C306 Mount Laurel, NJ 08054 "e? 4f Douglas C. Lovelace, Jr. Esquire Attorney Identification umber: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 r%o ?J V _+ Our file No.: 1903 00 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING LLC ) Plaintiff, ) VS. ) TERRANCE FAUST & CONNIE ) FAUST ) Defendant. ) COURT OF COMMON PLEAS OF CUMBERLAND. COUNTY DOCKET NO.: 08-7382 Civil Action ANSWER TO NEW MATTER Plaintiff, LVNV FUNDING LLC, by and through their attorney, answers the following New Matter: 8. Denied. Plaintiff's Complaint brings a valid Cause of Action against Defendant. 9. Denied. Plaintiff's claim is not barred by the applicable Statute of Limitations. 10. Denied. Plaintiff's claim is not barred by the Doctrine of Laches. 11. Denied. Plaintiff s claim is not barred by the Doctrine of Estoppel. 12. 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 12 and strict proof is demanded. 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 Collection BY: J dan W. Felzer, Esquire DATED: February 23, 2009 VERIFICATION Jordan W. Felzer, 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. W. Felzer, Esquire v for Plaintiff DATE: 2/23/2009 Our file No.: 190300 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. TERRANCE FAUST & CONNIE FAUST Defendant. Civil Action CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on 2/23/2009, 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 W. Felzer, Esquire ,v for Plaintiff DOCKET NO.: 08-7382 Date: 2/23/2009 ?' ? `-dry F ? cn ??3 V