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helpinpgh · Posted: Wed Mar 19, 2008 12:20 pm Subject: Sued by LVNV, any advice?

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY
PENNSYLVANIA
COVER SHEET
Plaintiff:
LVNV FUNDING, LLC
Case No.:
Type of Pleading: Complaint
Code & Classification
Filed on Behalf of :
LVNV FUNDING, LLC
Vs.
Defendant:
HelpinPGH
X Counsel of Record
Individual, If Pro Se
Name, Address & Telephone Number:
Apothaker & Associates, P.C.
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
215-634-8920
Attorney State ID: 38423
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker
Attorney I.D.#38423
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
(215) 634-8920
Attorneys for Plaintiff
_______________________________
LVNV FUNDING, LLC
c/o David J Apothaker, Esquire
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
Plaintiff,
vs.
HelpinPGH
Defendant.
________________________________
))))))))))))
COURT OF COMMON PLEAS
ALLEGHENY COUNTY
NO.:
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.
ALLEGHENY COUNTY BAR ASSOCIATION
Lawyer Referral and Information Service
412-565-
ALLEGHENY COUNTY BAR ASSOCIATION
Lawyer Referral and Information Service
412-565-7555
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker
Attorney I.D.#38423
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
(215) 634-8920
Attorneys for Plaintiff
_______________________________
LVNV FUNDING, LLC
c/o David J Apothaker, Esquire
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
Plaintiff,
vs.
HelpinPGH
Defendant.
________________________________
))))))))))))
COURT OF COMMON PLEAS
ALLEGHENY COUNTY
NO.:
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff, LVNV FUNDING, LLC, is a company with its principal place of business located at
c/o David J Apothaker, Esq. 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114.
2. Defendant is HelpinPGH.
3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods
and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiff's records. A true
and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit “A”.
4. Defendant received and accepted the goods and/or services described in Exhibit “A”.
5. The prices set forth in Exhibit “A” are the fair, reasonable and market prices for said goods and/or
services, and the prices which Defendant agreed to pay.
6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit “A”.
7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments,
leaving a balance due and owing of $3,651.41.
8. Although demand has been made, Defendant has failed to make payment of the amount due as
above.
9. The original creditor is HOUSEHOLD.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$3,651.41 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law.
APOTHAKER & ASSOCIATES, P.C.
Attorney for Plaintiff
A Law Firm Engaged in Debt Collection
BY: _/s/ David J. Apothaker_______
David J. Apothaker
Dated: 2/18/2008
Our File No.: 122030
VERIFICATION
David J. Apothaker, Esq. 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 relating to unsworn falsification to authorities.
BY: _/s/ David J. Apothaker_______
David J. Apothaker
Attorney for Plaintiff
DATE: 2/18/2008
LVNV FUNDING, LLC
c/o David J Apothaker, Esquire
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114

STATEMENT OF ACCOUNT
Debtor’s Name:
Account Number:
Original Creditor: HOUSEHOLD
Balance Due: $3,651.41
Our File No.:
EXHIBIT "A

Posted: Wed Mar 19, 2008 1:46 pm Subject:

That really sucks. I'm having to deal with this company now. They now own my Sears account and a third-party collection agency (UCB) is trying to demand payment in full on my account.

But they were kind enough to work with me if I could afford $365 payment by 3/30. Um, I can't do that because I am paying so many other creditors, and I still have to pay my rent, groceries, etc. I told them I am in debt counseling (which I am with MMI) so now I have to scramble to get MMI the information to send them a proposal. The collections lady said the next step they would take is to contact my employer for verification of employment and wages info, then it would go to legal from there.

What a pain these companies can be. Sad

Posted: Wed Mar 19, 2008 1:59 pm Subject:

Have they harrassed you prior to this? Multiple phone calls, threats etc?

Posted: Wed Mar 19, 2008 2:57 pm Subject:

If you're asking me, frogpatch, they just started calling my workplace last week and I let it go to voicemail. Each day they had to speak with me "that day" about an "urgent matter."

I called them today and they said my work number was the only they had, so I gave them my cell number. No real threats except today they said they would escalate my account if I didn't make payment arrangements within an hour of when I talked to them. When I told them I couldn't pay they said the typical "well, isn't there someone you could ask for help?" I said now. I'm not asking anyone for help unless I'm really in dire straits and not just being threatened by a collection agency.

helpinpgh · Posted: Wed Mar 19, 2008 4:13 pm Subject: Original poster

No, no harrassing phone calls, just a few. Two letters, signed by an attorney. My thing is, their exhibit A is just basically the Original Creditor name, their file number, and an amount owed. I can't pay an attorney. Can't I fight, and just do a graduated denial. I deny this is mine, and if it's mine, I deny I owe LVNV. Please provide the written contract saying I agreed to pay LVNV. The attorney provided a sworn affadavit that i agreed to pay the plaintiff for goods and services sold. I have no contract with this company.

Also, the SOL should be up, checking bank records to see when I last paid.

Posted: Wed Mar 19, 2008 6:45 pm Subject:

What they sent you is not proper validation, as I think you're aware. Ask for validation in discovery. When they can't produce it, move for dismissal.

Posted: Thu Mar 20, 2008 12:31 am Subject:

"3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods
and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiff's records. A true
and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit “A”.
4. Defendant received and accepted the goods and/or services described in Exhibit “A”. "

As a part of the discovery phase of the case, demand strict proof of these "goods and services". It would be interesting to see, as LVNV only purchases old (often out of SOL), junk debt, and can rarely come up with any proofs in writing. Above all, show up for the court date. They are counting on you not to.

jumbo1

If you want to give you some info please email me at Email removed for your safety Bossy4455. Mine was in NJ but the process is similar.

No Nonsense Collector · Posted: Thu Apr 10, 2008 10:35 am Subject:

First, I would advise you stop being such a deadbeat and maybe you'll stop being sued. Next, I advise you to scrape together every cent you can and send it to the collector, and maybe the judge will go easier on you.

Posted: Thu Apr 10, 2008 11:15 am Subject:

Don't pay any attention to "No Nonsense Collector" he just flames the boards and runs. For some reason he can't carry on a conversation. Probably because he can't hold a intelligent discussion. I'm calling you out NNC, if your not just a troll and a moron you can respond and try to prove me wrong.

Posted: Thu Apr 10, 2008 11:23 am Subject: reply

don't waste your time jc,you've called him out before,NOTHING.as usual nnc is wrong.

indebted · Posted: Thu Apr 10, 2008 11:29 am Subject:

i have an account on my CR with LVNV. I have made no contact with them ever, but i'm getting ready to send them a debt validation request. By sending them the letter, does that make it easier for them to sue me? I don't think they've known where i lived, but obviously this would be a give away...

Posted: Thu Apr 10, 2008 1:34 pm Subject:

Once you request validation they must cease collection activity until validation is provided. Filing suit would let you file a counterclaim for $1,000 for the fdcpa violation. Plus you could request validation again during discovery, if they can't validate then you could get their claim dismissed.

Posted: Thu Apr 10, 2008 2:35 pm Subject:

Hi there,

I've had dealings with the famous Mr. Apothaker. It is true regarding the SOL, he tried to sue me and he lost because of the SOL.

If you google the law firm, you will find case after case from him and then some right here in PA.

I am sending you a FDCA attorney who can handle him and he does not charge you! Look in you message box in the next 30 minutes.

It's my pleasure to help you.

Moki

Posted: Thu Apr 10, 2008 2:39 pm Subject:

helpin,

I don't see anywhere to send you a message. Please send me one so I can help you and give you the attorney's name.

I will be in an out so get back when you can. This attorney is good and he will get to the bottom of Apothaker.

Pleasehelp · Posted: Wed Aug 27, 2008 5:17 pm Subject: Mr. Apothaker

Moki can you help me also having dealings with Mr. Apothaker

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