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HomeMy WebLinkAbout09-0307r? 4k Our File No.: 192742 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. MATTHEW RUTKOWSKI 5965 EBERLY DR MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Dq - 301 Clyt l-T`-rw. 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 ., . Our File No.: 192742 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. MATTHEW RUTKOWSKI 5965 EBERLY DR MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Z)9- 30V Otu a u?,- 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 MATTHEW RUTKOWSKI, an adult individual residing at 5965 EBERLY DR MECHANICSBURG, PA 17050. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #5049948077656975; and said account was issued to Defendant(s) by SEARS, 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 $2,487.64. 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. • WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,487.64 and requests this Court award Plaintiff attorney's APOTHAKER & S? Attorney led P. A Law Firm Enga n BY: Dated: 1/8/2009 David J. costs to the extent permitted by applicable law. /ATES, P.C. Collection Our File No.: 192742 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 rel to unworn falsification to authorities. David Apktbsd(er, Esquire Atto ev for Plaintiff DATE: 1/8/2009 .. LVNV FUNDING LLC MATTHEW RUTKOWSKI 5965 EBERLY DR MECHANICSBURG, PA 17050 STATEMENT OF ACCOUNT Debtor's Name: Account Number: Original Creditor: Balance Due: MATTHEW RUTKOWSKI 5049948077656975 SEARS $2,487.64 Our File No.: 192742 EXHIBIT "A" 030 000 d C) a: r:t 7© SHERIFF'S RETURN - REGULAR CASE NO: 2009-00307 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS RUTKOWSKI MATTHEW SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RUTKOWSKI MATTHEW the DEFENDANT , at 1643:00 HOURS, on the 23rd day of January , 2009 at 5965 EBERLY DRIVE MECHANICSBURG, PA 17050 by handing to ELIZABETH WAGNER, FIANCEE ADULT IN CHARGE 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 Sworn and Subscibed to before me this of 18.00 10.80 .00 10.00 .00 38.80 day So Answers: A ? , -0 . R. Thomas Kline 01/26/2009 APOTHAKE By. A. D. Amm IN" w a .+ in.+. ;C. . , MATTHEW J. RUTKOWSKI BY MATTHEW J. RUTKOWSKI, PRO SE 5965 EBERLY DRIVE MECHANICSBURG PA 17050 COURT OF COMMON PLEAS I CUMBERLAND COUNTY LVNV FUNDING LLC C/o Apothaker & associates, P.C. 520 Fellowship Road c306 Mount Laurel NJ 08054 Plaintiff, vs. MATTHEW J. RUTKOWSKI 5965 EBERLY DRIVE MECHANICSBURG PA 17050 Defendant Case No.: No. 09-307 CIVIL TERM DEFENDANTS NOTICE OF INTENT TO DEFEND DEFENDENTS REQUEST FOR PRODUCTION OF DOCUMENTS 1. Defendant requests a trial by jury. 2. Defendant states that Plaintiff has not provided sufficient proof that Defendant is responsible for this account. 3. When defendant was contacted by phone about this account Plaintiff asked for information and did not provide any when asked. 4. Defendant requests that Plaintiff identify and describe the factual basis for their allegation. 5. Defendant requests proof of what the actual charges on this account were for. 6. Defendant requests an exact copy of the original contract. 7. Defendant requests any and all written matter for collection efforts and notes. 8. Defendant requests a statement of all of the charges and all of the payments for the account 9. Defendant has sent by Certified Mail an exact copy of this response to Plaintiff's Attorney. Dated this 4`h day of February, 2009 __._-----= - Summary of Pleading - 1 ra i -s? ?? t n , ti L-'? "? ' ? ;l ,; ? ?? :?? ? ? Our File No.; 1,92742 LVNV FUNDING LLC Plaintiff vs. MATTHEW RUTKOWSKI . Defendant ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-307 PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Benjamin J. Cavallazo, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $2487.64. The following attorneys aze interested in the case as counsel or aze otherwise disqualified to sit as azbitrators: For Defendant For Plaintiff Benjamin J. Cavallaro, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. July 28, 2010 AND NOW, and as prayed for. Civil Action squire 20 , in consideration of the foregoing petition, Esq., and Esq., _ Esq., are appointed azbitrators in the above captioned action By the Court, ~d~f.oo PA Al'r/ Q# A&383 1Z~,~N1(o4l03