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HomeMy WebLinkAbout08-5606 Our File No.: 175073 ,APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. RALPH RICHWINE 885 GOODYEAR RD GARDNERS, PA 17324 Defendant. COURT OF COMMON PLEAS CUMBERLAND 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. 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 t • Our File No.: 175073 ,APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. RALPH RICHWINE 885 GOODYEAR RD GARDNERS, PA 17324 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: © k- 5, 6& C L? t -c- CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are RALPH RICHWINE, an adult individual residing at 885 GOODYEAR RD GARDNERS, PA 17324. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account #5049948080509369; 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 $8,639.16. 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 $8,639.16 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & AS O TES, P. Attorney fo Ptbtiff A Law Firm EnaaQe in t Ccfect BY: David J. Apoth rere Dated: 9/10/2008 Our File No.: 175073 VERIFICATION David J. Anothaker, 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 utjdgsigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relat' g to worn falsification to authorities. David J. Apo er, Esquire Attorney for Plaintiff DATE: 9/10/2008 LVNV FUNDING, LLC RALPH RICHWINE 885 GOODYEAR RD GARDNERS, PA 17324 STATEMENT OF ACCOUNT Debtor's Name: RALPH RICHWINE Account Number: 5049948080509369 Original Creditor: SEARS Balance Due: $8,639.16 Our File No.: 175073 EXHIBIT "A" -65 'c p V C? cM - ? ? `-n rTl ? r.) 70 C .. a GJ S _ ? C SHERIFF'S RETURN - REGULAR CASE NO: 2008-05606 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS RICHWINE RALPH STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RICHWINE RALPH the DEFENDANT , at 0011:05 HOURS, on the 25th day of September, 2008 at 885 GOODYEAR RD GARDNERS, PA 17324 by handing to RALPH RICHWINE DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.00 Affidavit .00 Surcharge 10.00 .00 lu'b?I?SC 39.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/26/2008 APOTHAKER & ASSOCIATES By: ZyKV=-= Deputy Sheriff of A. D. APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING, LLC ) Plaintiff, ) VS. ) RALPH RICHWINE ) Defendant. ) COURT OF COMMONS PLEAS CUMBERLAND COUNTY DOCKET NO.: 08-5606 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 this January 06, 2009, STIPULATED by and between Plaintiff, LVNV FUNDING, LLC, and Defendant, RALPH RICHWINE parties as follows: 1. Defendant agrees to pay the sum of $8,901.83, 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, RALPH RICHWINE, to the attorneys for Plaintiff in the following manner: a. $400.00 to be paid on or before January 15,2009; b. $200.00 to be paid on or before the 15 day of each month, beginning February 15, 2009 until paid in full. 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, RALPH RICHWINE fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff must notify Defendant's attorney(s), in writing of Defendant, RALPH RICHWINE's default. K V The name and address of Defendant's attorney(s) that notice will be sent to is: Andrew Shaw, Esquire 200 S Spring Garden Street Carlisle, PA 17013 4. If the default is not cured within 15 days after written notice of Defendant's attorney(s), then Plaintiff has the right to obtain the entry of Judgment against Defendant, RALPH RICHWINE, ex parte, in the sum of $8,901.83, giving Defendant, RALPH RICHWINE credit for any sums actually paid pursuant to the terms of this Stipulation. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES Attorneys for Plaintiff A Law Firm Enged in Debt Collection F. 4?a Q. , H RIC WINE Our File No.: 175073 't pa ° c c? ti ' h ,; fV ?m ? Our File No.: 175073 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 Plaintiff, VS. RALPH RICHWINE F11 Fo-€ Fr- IC OF I 7101n,0V 22 PH 1" 1+9 r 31? tr', ia?E13 G0?.lE TT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-5606 Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys fb ntiff A Law Firm Engage in/Debt Collection By: David J. Dated: 11/12/2010 Q 1 7 5 0 7 3 D I S N 1-