The URL can be used to link to this page

Home My WebLink About14-6480 -Supreme Court of Pennsylvania ' � t - - *t:o1Cx� 1 6o�er �4�Ple s C. et Farr l'rotltol�otary rise Only: Cp��MBER D Docket No. Lm J lit _ O The it fOlMatiorr collected on this,form is used solely for court adrninisnw ion purposes, Yhisfionv does not supplement or replace fire filing and sei-vice of pleadings or other•papers as required by hnt>or miles of court. S I Commencement of Action: E ®Complaint ❑Writ of Summons ❑Petition ❑Transfer from Another Jurisdiction ❑Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: T LVNV FUNDING,LLC GERALDINE L LOCKE I Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ®within arbitration limits (, (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ED 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 [:1Slander/Libel/Defamation ❑ Other: Employment Dispute: Other ❑Zoning Board T ❑ Other: I _ ❑ Other: Q MASS TORT N ❑ Asbestos ❑ Tobacco ❑Toxic Tort-DES REAL PROPERTY MISCELLANEOUS ❑Toxic Tort-ImpIant ❑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 Our File No.: 378856 APOTHAKER &ASSOCIATES, P.C. BY: David J. Apothaker, Esquire U, 0 P'-; Attorney I.D.#38423 L 520 Fellowship Road C306 E i 'CUR4 T Mount Laurel,NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVN V FUNDING, LLC COURT OF COMMON PLEAS 15 SOUTH MAIN ST CUMBERLAND COUNT GREENVILLE, SC 29601 NO.: 0 L.." Plaintiff, VS. GERALDINE L LOCKE 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 fall 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 is, 7/,Did .1 Our File No.: 378856 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. ) GERALDINE L LOCKE ) 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 GERALDINE L LOCKE ("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 3571. 5. The Account was issued to Defendant by Bank One Corporation/BANK ONE, 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. i 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 $7,409.71. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant for the sum of$7,409.71 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER A SOCIATES, P.C. Attorn y fo Plaintiff A Law Firm En age in Debt Collection BY: David J. Apo a r, Esquire Our File No.: 378856 378856 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. APOTHAK I & SSOCIATES, P.C. Att rney f r Plaintiff A Law Firm Engag in Debt Collection BY: David J. Apot r, Esquire Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFF U THE P ROT HON° fc,uot 201040Y 11 PM 3:03 CUMBERLAND COUNTY PENNSYLVANIA CF ICE OF TN E SUERIFF LVNV Funding LLC vs. Geraldine L Locke Case Number 2014-6480 SHERIFF'S RETURN OF SERVICE 11/10/2014 08:54 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Geraldine L Locke at 110 Virginia Avenue, North Middleton Township, Carlisle, PA 17013. ON KINSLER, D PUTY SHERIFF COST: $34.78 SO ANSWERS, November 14, 2014 RONli R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. /7 THE PROTHONOTARY 2014 r,l0Y 21 PH 3:t5 CUMBERLAND COUNTY PENNSYLVANIA LVNV FUNDING, LLC, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, v. : NO: 14-6480 GERALDINE L. LOCKE, DEFENDANT : CIVIL ACTION - LAW. PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes , Carol Locke -Williams, by and through her attorney, Paul C. Primrose, Esquire, who files Preliminary Objections to the Plaintiffs Complaint, and avers as follows: First Preliminary Objection — Individual served with complaint not individual named as defendant 1 Plaintiff names Geraldine L. Locke as defendant in this suit. 2. Plaintiff has served Carol Locke -Williams with the complaint. 3 Plaintiff has failed to allege any facts to support that Carol Locke -Williams is the Defendant Geraldine L. Locke. Second Preliminary Objection — Pa. R.C.P. § 1028 (a)(5) — lack of capacity to sue 4. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by Bank One Corporation/BANK ONE, 5. Plaintiff claims to be Assignee and Successor in Interest of the alleged account from Bank One Corporation/BANK ONE. 6. Plaintiff did not attached to the complaint any document in support of Plaintiffs claim of being Assignee and Successor in Interest of the alleged Bank One Corporation/BANK ONE account. 7. 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. 8. Therefore, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. § 1028 (a)(5) lack of capacity to sue. Third Preliminary Objection — Rule 1028 (a)(3) — Insufficient specificity in a pleading. 9. The Complaint alleges damages in the amount of $7,409.71. 10. Plaintiff has failed to provide any detail related to the amount claimed. 11. 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. 12. Therefore, Plaintiffs complaint fails to conform to the requirements of Pa.R.C.P. 1019 and Pa.R.C.P. 1028(a)(3). Fourth Preliminary Objection - Pa.R.C.P. 1028 (a)(2) — failure of pleading to conform to law or rule of court 13. Plaintiffs claim is based on some sort of agreement. 14. Pa.R.C.P. 101.9(h) indicates that when a claim is based on art agreement, the pleading shall state specifically if the agreement is oral or written. 15. Plaintiffs pleading failed to state specifically if the agreement was oral or written.. 16. 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). 17. Therefore, Plaintiffs complaint fails to conform to the requirements of Pa.R.C.P. 1028(a) (2). WHEREFORE, Carol Locke -Williams demands that these preliminary objections be sustained, and that the Court dismiss this action with prejudice. Date: (• - 21 - 2Q 1 Respectfully submitted, Paul C. Primrose, Esquire I.D. # 315016 325 South Hanover Street Carlisle, PA 17013 (717)623-3104 (phone) Attorney for Carol Locke -Williams LVNV FUNDING, LLC, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, v. s : NO: 14-6480 GERALDINE L. LOCKE, DEFENDANT : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 21`' day of November, 2014, I, Paul Primrose, Esquire, hereby certify that I did serve a copy of the foregoing Preliminary Objections to Plaintiffs Complaint, upon the Plaintiff 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 Carol Locke -Williams Our File No.: 378856 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 LVNV FUNDING, LLC Plaintiff, ) ) ) vs. ) ) ) GERALDINE L LOCKE Defendant. r7r-r, : 40 , e.) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 14-6480 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 • ebt Collection By: Benjami allaro, Esquire 11111011I 1 111 11 11 11