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Home My WebLink About14-6266 Supreme Court of Pennsylvania ° '�c C0111 C 11 n, Pleas r)t C1 Il For Protltonotat�y Use Only. [ ' 4 eet� C D C`01><><It� Docket No: Tire inrfbrrnafton collected on. dais form is used sole]*v fol-cc�ttr.t adminismation p aposes. T1rts orm goes not suppleinent or replace tdre filing and seil?ice ofpleadings or other papers its reanfr ed by 1mv or rules of court. S Commencement of Action: E [D Complaint ❑ Writ of Summons ❑Petition E]Transfer from Another Jurisdiction E] Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T LVNV FUNDING,LLC CAROL LOCKE-WILLIAMS I Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ®within arbitration limits Q (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: Apothaker and Associates,P.C. ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ® Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑Product Liability(does not S include mass tort) El Employment Dispute: Discrimination E ElSlander/Libel/Defamation F1 Other: El Employment Dispute: Other E] Zoning Board C T ❑ Other: I ❑ Other: O MASS TORT N El Asbestos ❑ Tobacco ❑ Toxic Tort-DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort-Implant ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment B ❑ Other: ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL ❑ Partition ❑Replevin LIABLITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 11112011 l 7 J`F��L Our File No.: 378715 C� = T #F�Fi...(-D-O . �� j�y�}�,��-��,� APOTHAKER & ASSOCIATES, P.C. _, BY: David J. Apothaker, Esquire '61'4 0CT 27 PH 12: 26 Attorney I.D.#38423 CUMBERLAND C007'Y 520 Fellowship Road C306 PENNSYLVANIA Mount Laurel,NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC ) COURT OF COMMON PLEAS 15 SOUTH MAIN ST ) CUMBERLAND COUNTY GREENVILLE, SC 29601 NO.: 14 v'IT" Plaintiff, ) VS. ) CAROL LOCKE-WILLIAMS ) 110 VIRGINIA AVE ) CARLISLE, PA 17013-1072 ) Defendant. ) 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 PQ Ate/ el 14161 e30673 Our File No.: 378715 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 ) COURT OF COMMON PLEAS 15 SOUTH MAIN ST ) CUMBERLAND COUNTY GREENVILLE, SC 29601 ) NO.. Plaintiff, ) vs. ) CAROL LOCKE-WILLIAMS ) 110 VIRGINIA AVE ) CARLISLE, PA 17013-1072 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC, 15 SOUTH MAIN ST, GREENVILLE, SC 29601. 2. Defendant(s) is/are CAROL LOCKE-WILLIAMS ("Defendant"), an adult individual residing at 110 VIRGINIA AVE, CARLISLE, PA 17013-1072. 3. Plaintiff is the Assignee and Successor in Interest of a credit account ("Account"). 4. The Account number ends in 5629. 5. The Account was issued to Defendant by Citibank USA, N. A./CITI-SEARS, the original creditor. 6. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 7. The account is in default due to Defendant's failure to make timely payments. 8. Although demand has been made, Defendant has failed to make payment of the amount due. 9. The amount due as of this date is $2,829.31. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant for the sum of$2,829.31 and requests this Court award costs to the extent permitted by applicable law. APOTHAKE &AS OCIATES, P.C. Attorney for laintiff A Law Firm Engage in Debt Colle6tion BY: David I Apoth erg, Esquire Our File No.: 378715 378715 VERIFICATION I, David J. Apothaker, Esquire, hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that I am counsel for Plaintiff in this action, that I make this Verification based upon the facts as supplied to me by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court, and that the facts set forth in the foregoing Civil Action Complaint are true and accurate to the best of my knowledge, information, and belief. APOTHAKER & A`SOC ATES, P.C. Attorney for Pla' tiff A Law Firm Engaged in ebt Collection BY: David J. Apoth , Esquire F1E0- OFFiti L;F THE PROTHONOTARY 2011i NOV 1 4 Ali 38 CUMBERLAND COUNTY PENNSYLVANIA LVNV FUNDING, LLC, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, • v. : NO: 14-6266 CAROL LOCKE-WILLIAMS, DEFENDANT : CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Carol Locke -Williams, by and through her attorney, Paul C. Primrose, Esquire, who files Defendant's Preliminary Objections to the Plaintiff's Complaint, and avers as follows: First Preliminary Objection — Pa. R.C.P. § 1028 (a)(5) — lack of capacity to sue Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by Citibank USA, N. AICITI-SEARS, 2. Plaintiff claims to be Assignee and Successor in Interest of the alleged account from Citibank USA, N. A./CITI-SEARS. . Plaintiff did not attached to the complaint any document in support of Plaintiffs claim of being Assignee and Successor in Interest of the alleged Citibank USA, N. A./CITI- SEARS account. 4. The forgoing amounts to a violation of Pa. R.C.P §1019(i) in that Plaintiff has not included the material portion of the contract that Plaintiff relies on for capacity to sue. 5. Therefore, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. § 1028 (a)(5) lack of capacity to sue. Second Preliminary Objection — Rule 1028 (a)(3) Insufficient specificity in a pleading. 6. The Complaint alleges damages in the amount of $2,829.31. • 7. Plaintiff has failed to provide any detail related to the amount claimed. 8. Plaintiff has failed to provide any detail related to dates of alleged debts incurred, amounts incurred on each date, amounts of payments, or dates of accrual and amounts of interest charges and fees. 9. Therefore, Plaintiffs complaint fails to conform to the requirements of Pa.R.C.P. 1019 and Pa.R.C.P. 1028(a)(3). Third Preliminary Objection — Pa.R.C.P. 1028 (a)(2) — failure of pleading to conform to law or rule of court 10. Plaintiffs claim is based on some sort of agreement. 11. Pa.R.C.P. 1019(h) indicates that when a claim is based on an agreement, the pleading shall state specifically if the agreement is oral or written. 12. Plaintiffs pleading failed to state specifically if the agreement was oral or written. 13. Insofar as Plaintiff is claiming special damages, Plaintiff has failed to include a copy of the written agreement which would allow for collection of special damages, in violation of Pa.R.C.P. 1019(i). 14. Therefore, Plaintiffs complaint fails to conform to the requirements of Pa.R.C.P. 1028(a) (2). WHEREFORE, Defendant demands that these preliminary objections be sustained, and that the Court dismiss this action with prejudice. Date: 1.)12 , 20114 Respectfully submitted, Paul C. Primrose, Esquire I.D. # 315016 325 South Hanover Street Carlisle, PA 17013 (717)623-3104 (phone) Attorney for Defendant LVNV FUNDING, LLC, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, v. : NO: 14-6266 CAROL LOCKE-WILLIAMS, DEFENDANT : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 14th day of November, 2014, I, Paul Primrose, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Defendant's Preliminary Objections to Plaintiffs Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United State Mail, First-class mail, postage prepaid addressed to the following: APOTHAKER & ASSOCIATES, P. C. David J. Apothaker, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 Respectfully submitted, Paul Primrose, Esquire ID No. 315016 325 South Hanover Street Carlisle, PA 17013 717-623-3104 (phone) Attorney for Defendant Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY. tUMBERL AMD pEN S.?LVAh1A LVNV Funding, LLC vs. Carol Locke -Williams Case Number 2014-6266 SHERIFF'S RETURN OF SERVICE 10/30/2014 02:13 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Neville Williams, husband, who accepted as "Adult Person in Charge" for Carol Locke -Williams at 110 Virginia Avenue, North Middleton Township, Carlisle, PA 17013. N GUTSHALL, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, November 05, 2014 RONF ' R ANDERSON, SHERIFF (C) CountySt to !Sheriff, Teleosof;, Inc. Our File No.: 378715 Apothaker Scian P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff 24 Pi 2: 314 'OUNT y LVNV FUNDING, LLC ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY Plaintiff, ) ) ) CAROL LOCKE-WILLIAMS ) NO. 14-6266 ) ) vs. Defendant. ) ) PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. Apothaker Scian P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection By: B a in J Ski aro, Esquire 11 11113 III. I II III 11111