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Home My WebLink About08-1006Our File No.: 1 52504 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. RICHARD JAYNE 3225 SPRING RD CARLISLE, PA 17013-8741 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0$ - ! Oo( Civil er ft 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney4.1).#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. RICHARD JAYNE 3225 SPRING RD CARLISLE, PA 17013-8741 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: of - /00 L C,Cj '7-, CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, LVNV FUNDING LLC, is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is RICHARD JAYNE, an adult individual residing at 3225 SPRING RD CARLISLE, PA 17013-8741. 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 Plaintiffs 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". 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 $1,929.61. 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is ORECK. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,929.61 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attomey/fpr Plaintiff A Law Firm Eng d in Debt Collection BY: Dated: 1/29/2008 Apothaker Our File No.: 152504 VERIFICATION David J. Apothaker, EM. 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 unspvorn falsification to authorities. David Jk Apothaker Attorney for Plaintiff DATE: 1/29/2008 LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 RICHARD JAYNE 3225 SPRING RD CARLISLE, PA 17013-8741 STATEMENT OF ACCOUNT Debtor's Name: RICHARD JAYNE Account Number: 0201601100995226 Original Creditor: ORECK Balance Due: $1,929.61 Our File No.: 152504 EXHIBIT "A" d W t7 00 - 63 1 1 TJ ` O '"_ CC7 rr7 - i T w =-c O SHERIFF'S RETURN - REGULAR CASE NO: 2008-01006 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS JAYNE RICHARD STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JAYNE RICHARD the DEFENDANT , at 1720:00 HOURS, on the 15th day of February , 2008 at 3225 SPRING ROAD CARLISLE, PA 17013-8741 by handing to TERESA WIELAND, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 S/0 F .00 32.80 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/19/2008 APOTHAKER & ASSOCIATES By: ? D putt' Sheriff A. D. Our file No.: 152504 .?? APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC Plaintiff, VS. RICHARD JAYNE Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: ZobU` 0 I (.? Civil Action STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on February 26, 2008, STIPULATED by and between Plaintiff, LVNV FUNDING LLC, and Defendant, RICHARD JAYNE parties as follows: 1. Defendant agrees to pay the sum of $1,929.61, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of interest, counsel fees and court costs. 2. The sum aforesaid shall be paid by Defendant, RICHARD JAYNE, to the attorneys for Plaintiff in the following manner: a. Payment of $634.00 to be paid on or before February 29, 2008; b. Payments of $100.00 to be paid on or before the 14 of everymonth, starting March 14, 2008 until balance is paid. All checks are to made payable to LVNV FUNDING LLC, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 3. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant ex parte, in the sum of $1,929.61, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 146 4. In the event of default as aforesaid, and default is not cured within ten (10) days, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to RICHARD JAYNE by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys r Plaintiff A Law Firm Ene ed in Debt Collection KimBVly F./Scian, Esquire C?r ? w Him c o rv } tin ' J < Our File No.: 152504 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, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. RICHARD JAYNE NO. 2008-1006 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 By imberly . Scian, Esquire Dated: March 31, 2009 ICE 0 F n2 1 ROawr 2009 APR -3 Phi 1: 3 t CumbI -11-i-iL) ?_ E ( E N" ISMANIA.