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Home My WebLink About08-5900Our File No.: 162781 ,,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. MARLIN SHAFFER 124 WEST PORTLAND STREET APT 3 MECHANICSBURG, PA 17055 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 600 - 6900 -T 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 ` Our file No.: 162781 ,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. MARLIN SHAFFER 124 WEST PORTLAND STREET APT 3 MECHANICSBURG, PA 17055 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 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 MARLIN SHAFFER, an adult individual residing at 124 WEST PORTLAND STREET APT 3 MECHANICSBURG, PA 17055. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account #5049948080830880; 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 $3,290.90. 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 r WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $3,290.90 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. BY: APOTHAKER & AS IATES, P.C. Attorney fo Vintiff A Law Firm Ensaee Debt Collection Dated: 9/24/2008 David J Esquire Our File No.: 162781 r 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 unoigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 rela ' to worn falsification to authorities. David J. Apo r, Esquire Attorney for Plaintiff DATE: 9/24/2008 Current Owner: LVNV Funding LLC Original Creditor: Sears Previous Owner: Citibank Statement Closing Date: 3/11/2008 12:00:00 AM LVNV Purchase Date: 03/09/2006 Account Origination Date: 09/01/1996 Marlin Shaffer ***--"°-3935 599 OLD QUAKER RD APT H LEWISBERRY, PA 17339 Account number 5049948080830880 Owing Collected Balance Principal $ 3,490.97 $ 540.54 $ 2,950.43 Interest $ 109.46 $ 109.46 $ - Atty Fee $ - $ - $ - Misc Cost $ - $ - $ - New Balance $ 3,600.43 $ 650.00 $ 2,950.43 TRANSACTIONS Transaction Date Description Amount 11/13/2006 Payment Reversal $ (92.49) 11/13/2006 Payment Reversal $ (7.51) 10/23/2006 Payment $ 92.49 10/23/2006 Payment $ 7.51 10/23/2006 Payment: $ 100.00 09/23/2006 Payment $ 90.74 08/23/2006 07/23/2006 07/23/2006 06/23/2006 4 This statement is not an original. This statement has been generated on behalf of LVNV Funding LLC, account owner. C-7 C= V J . . _?;7 tr. Q c. _ . E 3 SHERIFF'S RETURN - NOT FOUND • CASE NO: 2008-05900 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LVNV FUNDING LLC VS SHAFFER MARLIN R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHAFFER MARLIN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT 124 WEST PORTLAND STREET APT 3 SHAFFER MARLIN NOT FOUND , as to MECHANICSBURG, PA 17055 PER EX-GIRLFRIEND AT GIVEN ADDRESS, DEFENDANT HAS CHECKED HIMSELF INTO A REHAB FACILITY. Sheriff's Costs: So answers-., ? Docketing 18.00 i'?c Service 10.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 fD jlc?lD? C 43.00 APOTHAKER & ASSOCIATES 10/10/2008 Sworn and Subscribed to before me this day of A.D. Our File No.: 162781 APOTHAKER & ASSOCIATES, P.C. BY: Be ljamin J. Cavallaro, Esquire Attorney I.D.# 307949 520 Fell wship Road C306 Mount Laurel, NJ 08054 (800)67 -0215 Attorne , for Plaintiff LVNV FUNDING, LLC C7 c ra a C? ? rqa ` rn-n r r -0m =t:J ?C 'v zo -n ZC) 3 o = pC: N ?tTt COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, SHAFFER NO. 08-5900 Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: indly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection i By: Be jamin J. avallaro, Esquire Dated: /30/2011 * 4 1 6 2 7 8 1 D I S N 1