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Home My WebLink About08-4526Our file No.: 173077 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. JUDY R THERES 213 N BALTIMORE AVE MOUNT HOLLY SPRINGS, PA 17065- 1204 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Qj- u 5?Lu &( J Then 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: OF 'IS zG ? U.-- JUDY R THERES 213 N BALTIMORE AVE MOUNT HOLLY SPRINGS, PA 17065- 1204 Defendant. CIVIL ACTION COMPLAINT FIRST COUNT I. Plaintiff is LVNV FUNDING LLC c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant(s) is/are JUDY R THERES, an adult individual residing at 213 N BALTIMORE AVE MOUNT HOLLY SPRINGS, PA 17065-1204. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #0362034792410; 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 $2,178.45. 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 l $2,178.45 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASS TES, P.C. Attorney for ai iff A Law Firm Enaaaed n D bt Collecfirn BY: David J. Dated: 7/21/2008 Our File No.: 173077 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 ur?"o falsification to authorities. David J. Attorney Plaintiff DATE: 7/21/2008 LVNV FUNDING LLC JUDY R THERES 213 N BALTIMORE AVE MOUNT HOLLY SPRINGS, PA 17065-1204 STATEMENT OF ACCOUNT Debtor's Name: JUDY R THERES Account Number: 0362034792410 Original Creditor: SEARS Balance Due: $2,178.45 Our File No.: 173077 EXHIBIT "A" ?? ?? ?z * DJ ? i> ,- e 0 C_. ' co ). iil SHERIFF'S RETURN - REGULAR CASE NO: 2008-04526 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING INC VS THERES JUDY R GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon THERES JUDY R the DEFENDANT , at 0017:31 HOURS, on the 5th day of August 2008 at 213 N BALTIMORE AVENUE MT HOLLY SPRINGS, PA 17065 JUDY THERES by handing to DEFENDANT 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 Service Affidavit Surcharge 91e316a - So Answers: 18.00 7.00 .00 10.00 R. Thomas Kline .00 V'35.00 08/06/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to before me this of By day Deputy S iff A.D. y. I `' Our file No.: 173077-1APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55140 LVNV FUNDING LLC Plaintiff, VS. JUDY R THERES Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 08-4526 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 August 28, 2008, STIPULATED by and between Plaintiff, LVNV FUNDING LLC, and Defendant, JUDY R THERES parties as follows: 1. Defendant agrees to pay the sum of $1,602.00, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid shall be paid by Defendant, JUDY R THERES, to the attorneys for Plaintiff in the following manner: a. Payments of $534.00 to be paid on or before August 28, 2008, September 25, 2008, and October 23, 2008. 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 $2,303.55, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. D Fp 1 SEP - 8 2008 i 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 JUDY R THERES by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for laintiff A Law Firm Enga9epaB6t Collection F. Scian, Esquire Y R ERES 0 rv ?' r-n ? ..L7 Our File No.: 173077 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. JUDY R THERES NO. 08-4526 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 Scian, Esquire Dated: February 13, 2009 (- ) C" cr,=*--, l-. =i T- C:,,, fiJ -