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Home My WebLink About08-5065Z Our File No.: 166461 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.438423 2417 Welsh Road, Suite 214520 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. JOSEPH E GELSINGER 8 MOORELAND AVE MOUNT HOLLY SPRINGS, PA 17065- 1105 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. d g 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 .i APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire 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. JOSEPH E GELSINGER 8 MOORELAND AVE MOUNT HOLLY SPRINGS, PA 17065- 1105 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Q? Sd (S crv;l -FMK CIVIL ACTION COMPLAINT FIRST COUNT 1. 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 JOSEPH E GELSINGER, an adult individual residing at 8 MOORELAND AVE MOUNT HOLLY SPRINGS, PA 17065-1105. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account #5121079621867289; 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 $5,547.55. 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 $5,547.55 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney,ft Plaintiff A Law Firm Enizakeh in Debt Collection BY: David J. Ahaker, Esquire Dated: 8/12/2008 Our File No.: 166461 VERIFICATION David J. Apothaker, Esquire 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 relying to unsworn falsification to authorities. David J. Apothaker, Esquire Attorney for Plaintiff DATE: 8/12/2008 LVNV FUNDING, LLC JOSEPH E GELSINGER 8 MOORELAND AVE MOUNT HOLLY SPRINGS, PA 17065-1105 STATEMENT OF ACCOUNT Debtor's Name: JOSEPH E GELSINGER Account Number: 5121079621867289 Original Creditor: SEARS Balance Due: $5,547.55 Our File No.: 166461 EXHIBIT "A" V O SHERIFF'S RETURN - REGULAR CASE NO: 2008-05065 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS GELSINGER JOSEPH E MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GEESINGER JOSEPH E the DEFENDANT at 2120:00 HOURS, on the 27th day of August , 2008 at 8 MOORELAND AVE MOUNT HOLLY SPRINGS, PA 17065-1105 by handing to MICHELLE GELSINGER, WIFE 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: So Answers: Docketing 18.00 Service 6.00 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 Rioq f08 34 . 00 08/28/2008 APOTHAKER & ASSOCIATE&herlff Sworn and Subscibed to By: before me this day D ut of A. D. Our File No.: 166461 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 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. JOSEPH E GELSINGER NO. 08-5065 Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER Atto A Law Firm E I By: David J. A ?SOCIATES, P.C. Plaintiff in Debt Collection , Esquire Dated: September 18, 2008 c? t: Ct±: ns F 'spy SI f '"ti ?..