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Home My WebLink About09-2481Our File No.: 195697 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney, I.D.#3$423 520 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. DORIS MICHELSEN 184 CONODOGUINET MOBILE EST C NEWVILLE, PA 17241 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: O4 - ?ql (2i nE'rf., 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.: 195697 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#3$423 520 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. DORIS MICHELSEN 184 CONODOGUINET MOBILE EST C NEWVILLE, PA 17241 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 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 DORIS MICHELSEN, an adult individual residing at 184 CONODOGUINET MOBILE EST C NEWVILLE, PA 17241. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account #5121071743714549; 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 $10,120.17. 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 $10,120.17 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATUS, P.C. Attorney for A Law Firm Engaged BY: Dated: 4!712009 David J Our File No.: 195697 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 relatingt6 ungworn falsification to authorities. David J. Apc Attorney DATE: 4/7/2009 Current Owner: LVNV Funding LLC Original Creditor: Sears) SEARS GOLD MASTERCARD Previous Owner: Citibank Statement Closing Date: 12/12/2008 12:00:00 AM LVNV Purchase Date: 06/20/2007 Account Origination Date: 04/01/1989 Doris Michelsen ***-**-4233 184 CONODOGUINET MOBILE EST NEWVILLE, PA 17241 Account number 5121071743714549 Owing Collected Balance Principal $ 9,122.90 $ - $ 9,122.90 Interest $ - $ - $ _ Atty Fee' $ - $ - $ _ Misc Cost - $ - $ - $ - New Balance $ 9,122.90 $ - $ 9,122.90 TRANSACTIONS Transaction Date Description Amount This statement is not an original. This statement has been generated on behalf of LVNV Funding LLC, account owner. FILE I r- pt, 2M APR 20 Pt 1. 50 +qg. 50 Po ATT( ever 1414,81to M* 'umaq Sheriff s Office of Cumberland County R Thomas Kline „tr of cufffb"'. Edward L Schorpp Sheri Solicitor Ronny R Anderson `= V F Jody S Smith Chief Deputy OFF iCE G ` 'HE s"`ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/24/2009 03:20 PM - Timothy Black, Deputy Sheriff, who being duly swom according to law, states that on April 24, 2009 at 1520 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Doris Michelsen, by making known unto Doris Michelsen personally, at 184 Conodoquinet Mobile Est. C, Newville, Cumberland County, Pennsylvania, 17241, its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.90 April 27, 2009 SO ANSWERS, If 0 R THOMAS KLINE, SHERIFF VI Depu y Sheriff Docket No. 2009-2481 LVNV Funding v Doris Michelsen g !;::?; rJ ;- --a - _ r Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 movkosh(Wcdlaw.net Attorney for Defendant LVNV FUNDING, LLC IN THE COURT OF COMMON PLEAS c/o Apothaker & Associates, P.C.: CUMBERLAND COUNTY, PENNSYLVANIA 520 Fellowship Road C306 Mount Laurel, NJ 08054 , Plaintiff V. No: 09-2481- CIVIL TERM DORIS MICHELSEN 184 Conodoguinet Mobile Est C: Newville, PA 17241 Defendant To: LVNV Funding, LLC c/o David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment ay be entered against you. i h . P osh, Esquire Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykoshndcdlaw.net Attorney for Defendant LVNV FUNDING, LLC IN THE COURT OF COMMON PLEAS c/o Apothaker & Associates, P.C.: CUMBERLAND COUNTY, PENNSYLVANIA 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff V. No: 09-2481 - CIVIL TERM DORIS MICHELSEN 184 Conodoguinet Mobile Est C: Newville, PA 17241 Defendant ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Doris Mlchelsen, by and through his attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Michael J. Pykosh, Esquire, who responds to Plaintiff's Complaint as follows: 1. Admitted in Part, Denied in Part. It is admitted that the Plaintiff is LVNV Funding, LLC. As for Plaintiff's address, after reasonable investigation, Defendant is without knowledge as to the truth or veracity that Plaintiff maintains a business address in care of Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Admitted. 3. Denied. After reasonable investigation, Defendant is without knowledge as to the truth or veracity of Plaintiffs averment that Plaintiff is assignee and successor in interest of account # 5121071743714549; and that said account was issued to Defendant(s) by Sears, the original creditor. Proof of the same is demanded at the time of trial. 4. Denied. The averments of Paragraph 4 contain conclusions of law to which no response is required. Strict proof at time of trial in this matter. 5. Denied. The averments of Paragraph 5 contain conclusions of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the averments of Paragraph 5 and demands strict proof at time of trial in this matter. By way of further response, Defendant, after reasonable investigation, is without knowledge as to the truth or veracity of the Plaintiff's averment that Defendant's unpaid balance is $10,120.17.. 6. Denied. The averments of Paragraph 6 contain conclusions of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the averments of Paragraph 6 and demands strict proof at time of trial in this matter. By way of further response, Defendant, after reasonable investigation, is without knowledge as to the truth or veracity that all credits, if any, to which Defendant is entitled have been applied to the account and are included in Exhibit "A". 7. Admitted in Part, Denied in part. It is admitted that Plaintiff has contacted Defendant. The remaining averments of Paragraph 7 contain conclusions of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the remaining averments of Paragraph 7 and demands strict proof at time of trial in this matter. By way of judicially required, Defendant specifically denies the remaining averments of Paragraph 7 and demands strict proof at time of trial in this matter. By way of further response, Defendant, after reasonable investigation, is without knowledge as to the truth or veracity of the current unpaid balance on the account. WHEREFORE, the Defendant, Doris Michelsen, demands judgment in his favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just. DEFENDANT'S NEW MATTER 8. Defendant, Doris Michelsen, incorporates and makes part of this New Matter paragraphs 1 through 7 of the foregoing Answer to Plaintiffs Complaint as if fully set forth herein. 9. Plaintiff's Action may be barred by doctrine of lathes. 10. Plaintiffs Action may be barred by the doctrine of res judicata. 11. Plaintiffs Action may be barred by the doctrine of estoppel. 12. Plaintiffs Action may be barred by the doctrine of waiver. 13. Plaintiffs Action may be barred by the doctrine of unclean hands. 14. Plaintiffs Action may be barred in whole or in party by the ethical statute of limitations. 15. Plaintiffs Complaint failed to include a proper verification as required by Pa. R.C.P. 1024(c). WHEREFORE, the Defendant, Doris Michelsen, demands judgment in his favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just. Respectfully Submitted, Dated: 1 -& [!?( _ By: Michae . Pykosh, Esquire VERIFICATION I, Doris Michelsen, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: ?%ZX70 7 A") Doris Michelsen Michael J. Pykosh, Esquire ID #58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykoshCa),dcdlaw.net Attorney for Defendant LVNV FUNDING, LLC IN THE COURT OF COMMON PLEAS c/o Apothaker & Associates, P.C.: CUMBERLAND COUNTY, PENNSYLVANIA 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff V. No: 09-2481 - CIVIL TERM DORIS MICHELSEN 184 Conodoguinet Mobile Est C: Newville, PA 17241 Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ANSWER and NEW MATTER, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: LVNV Funding, LLC c/o David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Respectfully Submitted, Dated: By: c ael J. Pykosh, Esquire OF THE 2[to9 A *R 30 Ai i 1: 5?: + A Our file No.: 195697 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. DORIS MICHELSEN Defendant. DOCKET NO.: 09-2481 Civil Action ANSWER TO NEW MATTER Plaintiff, LVNV FUNDING, LLC, by and through their attorney, answers the following New Matter: 8. No responsive pleading is required. 9. Denied. Plaintiff s claim is not barred by the Doctrine of Laches. 10. Denied. Plaintiff's claim is not barred by the Doctrine of Res Judicata. 11. Denied. Plaintiff's claim is not barred by the Doctrine of Estoppel. 12. Denied. Plaintiff's claim is not barred by the Doctrine of Waiver. 13. Denied. Plaintiff's claim is not barred by the Doctrine of Unclean Hands. 14. Denied. Plaintiff's claims are not barred by the applicable Statute of Limitations. 15. Denied. Plaintiff's verification complies with Pa. R.C.P. 1023.1. 40 WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Fugaged in Debt Collection BY: W. Felzer, Esquire DATED: May 11, 2009 WA 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 unworn falsification to authorities. Jtrdan W. Felzer, Esquire Attorney for Plaintiff DATE: 5/11/2009 Our file No.: 195697 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 X20 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC Plaintiff, VS. DORIS MICHELSEN Defendant. Civil Action CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on 5/11/2009, I mailed a copy of the Answer to New Matter by Regular mail to MICHAEL J PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 09-2481 J rdan W. Felzer, Esquire ttomev for Plaintiff Date: 5/11/2009 OF = r `0,Apy 200911 `t 2 I'll 2: 1 -I cuiv- Our File No.: 195697 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.# 55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorney for Plaintiff LVNV FUNDING, LLC Plaintiff, VS. DORIS MICHELSEN FILED-OFFICE; OF THE PROTHONOTARY 2011 J:`. CO it 'U'N"TY COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-2481 Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection D By: i be F. Scian, Esquire Dated: January 3, 2011 I