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Home My WebLink About10-1023t Ou. File No.: 241675 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker,, Esquire 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. CATHY L BARTOO 6025 HUMMINGBIRD DR MECHANICSBURG, PA 17050 Defendant. ALED-4WHCE 2010 FEB -9 Ate 9: 51 3MY d11*k COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10 - 10x3 NOTICE C'tvi( term 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 p *ga.oo PD Ate/ CV* l (fit q45 ? a3??a9 Our File No.: 241675 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire 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. CATHY L BARTOO 6025 HUMMINGBIRD DR MECHANICSBURG, PA 17050 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 CATHY L BARTOO, an adult individual residing at 6025 HUMMINGBIRD DR MECHANICSBURG, PA 17050. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #5049941574676901; 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 $2,767.60. 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 $2,767.60 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for laintiff A Law Firm Engaged n Debt Collection BY: Dated: 2/2/2010 David J. Apo ,Esquire Our File No.: 241675 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 mg unworn falsification to authorities. David J. Apothaker, Esquire Attorney for Plaintiff DATE: 2/2/2010 LVNV FUNDING LLC CATHY L BARTOO 6025 HUMMINGBIRD DR MECHANICSBURG, PA 17050 STATEMENT OF ACCOUNT Debtor's Name: CATHY L BARTOO Account Number: 5049941574676901 Original Creditor: SEARS Balance Due: $2,767.60 Our File No.: 241675 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor LVNV Funding, LLC vs. Cathy L. Bartoo F3LE~J~-u~=t=uE _ p ~~~~~~ ~~ t~nr~~fc~{~~~ ._ ~;7F~ . e „:.RIFF LiS.+~pb ... _ v ' Y li ,+~'£ z! q ,' ~ ,, ~- ~- . _ ~ , - . 4 -+ Case Number 2010-1023 SHERIFF'S RETURN OF SERVICE 02/12/2010 05:11 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 12, 2010 at 1711 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Cathy L. Bartoo, by making known unto herself personally, at 6025 Hummingbird Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 February 16, 2010 SO AN ERS, O Y R ANDERSON, SHERIFF By ~ ~~ Deputy Sheriff !.c! Coun'y5u;1r She~;'t, 7e;eosofi h? i d Douglas R. Roeder, Esq. Supreme Court No. 80016 Elder Law Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013-2899 (717) 240-5152 Attorney for Defendant tai ~ ~~,~~TAt~'! 2010 t9~R -3 P~112' i ~ CUtJ~~.~' .~ ty Ci i l..~J!!'~ Lil'i. 1' ti d~W IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff v. CATHY L. BARTOO 6025 Hummingbird Drive Mechanicsburg, PA 17050-2048 Defendant No. 10-1023 CIVIL TERM PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendant, Cathy L. Bartoo, by and through her attorney, Douglas R. Roeder, of the Elder Law and Consumer Protection Clinic of the Dickinson School of Law, objects to the Plaintiff s Complaint. In support of these Preliminary Objections, Defendant sets forth as follows: 1. The Plaintiff, LVNV Funding LLC c/o Apothaker & Associates, P.C., is c company with its principal place of business located at 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Plaintiff is represented by David Apothaker, located at 520 Fellowship Road C306, Mount Laurel NJ 08054. 3. The Defendant is Cathy L. Bartoo, an adult individual who resides at 6025 Hummingbird Drive, Mechanicsburg, PA 17050-2048. 4. Defendant is represented by the Elder Law Clinic of the Dickinson School of Law of the Pennsylvania State University, located at 45 North Pitt Street, Carlisle, PA 17013. 5. Plaintiff filed a Civil Action Complaint against Defendant on February 2, 2010, alleging Defendant owes $2,767.60 for amounts due on an account issued by SEARS. 6. Plaintiff s Complaint was served on the Defendant on or about February 12, 2010. PRELIMINARY OBJECTIONS PURSUANT TO Pa.R.C.P. 1028(a)(Z)- FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT 7. Paragraphs 1 through 6 of Defendant's Preliminary Objections to Plaintiff s Civil Complaint are hereby incorporated by reference as if set forth at length. A. PLAINTIFF'S COMPLAINT FAILS TO CONFORM TO A RULE OF LAW OR COURT IN THAT IT DOES NOT COMPLY WITH PA.R.C.P. 1019(1). 8. Pa.R.C.P. 1019(1) requires the Plaintiff to attach to the Complaint a copy of the writing or material part thereof upon which the Complaint is based. 9. The Plaintiff s Complaint alleges in paragraphs 5 that a true and correct copy of the total due and owing to the account was attached. 10. Plaintiff has failed to attach a true copy of the amount owing from the Original Creditor, SEARS. 11. Plaintiff has provided only a short, typewritten print-out of the total Plaintiff alleges is owed on the account. 12. Plaintiff should provide actual copies of each of the bills that total the alleged amount owed on the account. 13. The Plaintiff s Complaint alleges in paragraph 6 that all credits to which the Defendant is entitled have been applied to the account. 14. Plaintiff has failed to attach a true copy of the account statement evidencing the application of the credits applied to Defendant's account. B. PLAINTIFF'S COMPLAINT FAILS TO COMPLY WITH A RULE OF LAW OR COURT IN THAT IT DOES NOT COMPLY WITH PA.R.C.P. 1024(a). 15. Pa.R.C.P. 1024(a) requires every pleading to be verified based on the signer's personal knowledge or information and belief as to the truth of each averment of fact. 16. The Plaintiff s Complaint alleges in paragraphs 5 that a true and correct copy of the total due and owing to the account was attached. 17. Plaintiff s counsel verified the Plaintiff s Complaint and authorized that the statements made in the Complaint are true and correct to best of counsel's knowledge, information, and belief. 18. Plaintiff s counsel lacks sufficient personal knowledge of Defendant's true and correct balance owed to SEARS. 19. The Plaintiff s Complaint alleges in paragraph 6 that all credits to which the Defendant is entitled have been applied to the account. 20. Plaintiff s counsel lacks sufficient personal knowledge that all credits have been applied to Defendant's account. PRELIMINARY OBJECTIONS PURSUANT TO Pa.R.C.P. 1028(a)(5)- LACK OF CAPACITY TO SUE 21. Paragraphs 1 through 20 of Defendant's Preliminary Objections to Plaintiff s Civil Complaint are hereby incorporated by reference as if set forth at length. 22. Plaintiff s Complaint alleges in paragraph 3 that Plaintiff is the assignee and successor in interest of Defendant's account with SEARS, the Original Creditor. 23. Plaintiff has failed to attach a copy of the writing or the citation to the recording indicating that SEARS has assigned Defendant's account to Plaintiff. WHEREFORE, Defendant Cathy L. Bartoo respectfully requests that this Honorable Court grant the Defendant's Preliminary Objections pursuant to 1028(a)(2) and 1028(a)(5) and require the Plaintiff to produce proof of the account assigned in paragraph 3, produce true and correct copies of Defendant's account statement from SEARS, the Original Creditor, and provide a proper verification of the complaint. Alternatively, Defendant respectfully requests that this Honorable Court dismiss Plaintiff s complaint with prejudice for failure to conform to the Rules of the Court. rpll Respectfully Submitted, Date: ~ ~ ~ ~~ V Douglas R. Roeder, Esq. Supreme Court No. 80016 Elder Law Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013-2899 (717) 240-5152 Attorney for Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff v. No. 10-1023 CIVIL TERM CATHY L. BARTOO 6025 Hummingbird Drive Mechanicsburg, PA 17050-2048 Defendant CERTIFICATE OF SERVICE I, Angela N. Velez, Certified Legal Intern, certify that on February xx, 2010, I served the foregoing Preliminary Objections to Plaintiffs Complaint by placing a true and correct copy of the same in the United States first class mail, postage prepaid, addressed as follows: David J. Apothaker, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 Date: 3 ^J - ~ ~ B ~ ~/ y. Angela .Velez Certified Legal I rn Elder Law and Consumer Protection Clinic The Dickinson School of Law The Pennsylvania State University 45 North Pitt Street Carlisle, PA 17013 Our File No.: 241675 APOTHAKER & ASSOCIATES, P.C. B~:,,: 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. CATHY L BARTOO Defendant. 1 ~a-Ci ~ ICE ~ } p ~~~ I ~ A~111 ~ 1 ~ C~~"~llrE~ts~i~'1L~ CCl,1P~3,j`;.' . , ~ F ~,,~ ~ of E°;t~, I~,I 9 A. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-1023 CIVIL TERM PRAECIPE TO DISNII5S WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Pl ' t' f A Law Firm Engaged i e t Collection By: Dated: 10/4/2010 David J. Apo~aker, Esquire i~mn~iimm