HomeMy WebLinkAbout09-1459r
Obr Fide No.: 129303
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.
JAMIE NEIDIGH
125 BIG SPRING TER
NEWVILLE, PA 17241
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.. Oq- 1459 QAY; L-Wr ,
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
Otm He No.: 1293 03
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.
JAMIE NEIDIGH
125 BIG SPRING TER
NEWVILLE, PA 17241
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: O9- /`fS 9 &t?-j 7z-ell
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 JAMIE NEIDIGH, an adult individual residing at 125 BIG SPRING TER
NEWVILLE, PA 17241.
3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account
#5121075003644338; and said account was issued to Defendant(s) by CITI-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 $974.44. 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
i WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$974.44 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law.
1-1
APOTHAKER 4KASSOCIATES, P.C.
A Law Firm Engaged iih Debt
BY:
David J. Apothaker, Esquire
Dated: 2/26/2009
Our File No.: 129303
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
made subject to the penalties of 18 Pa.C.S.A. 4904
understands that the statements therein are
unsworn falsification to authorities.
David J. A thaker, Esquire
Attorney for laintiff
DATE: 2/26/2009
JAMIE NEIDIGH
125 BIG SPRING TER
NEWVILLE, PA 17241
STATEMENT OF ACCOUNT
LVNV FUNDING LLC
Debtor's Name: JAMIE NEIDIGH
Account Number: 5121075003644338
Original Creditor: CITI-SEARS
Balance Due: $974.44
Our File No.: 129303
EXHIBIT "A"
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Sheriffs Office of Cumberland County
R Thomas Kline g?ptn of comb, Edward L Schorpp
Sheri f' r Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OFFCE OF THE SHERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
03/13/2009 07:00 PM - William Cline, Deputy Sheriff, who being duly swom according to law, states that on March 13
2009 at 1900 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Jamie Neidigh by making known unto Jamie Neidigh personally, at 125 Big Spring
Terrace, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him
personally the said true and correct copy of the same.
SHERIFF COST: $38.80 (PAID)
March 17, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
Deput Sher tt
Docket No. 2009-1459
LVNV Finding LLC. v Jamie Neidigh
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Our file No.: 129303
APOTHAKER & ASSOCIATES, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
Attorney ID# 5 5140
COURT OF COMMON PLEAS
LVNV FUNDING LLC ) CUMBERLAND COUNTY
Plaintiff, ) DOCKET NO.: 09-1459
vs. )
JAMIE NEIDIGH ) Civil Action
STIPULATION IN LIEU OF JUDGMENT
Defendant. )
The matters and things in controversy having been discussed by and between the
parties, and a settlement having been agreed upon:
It is on March 12, 2009, STIPULATED by and between Plaintiff, LVNV
FUNDING LLC, and Defendant, JAMIE NEIDIGH parties as follows:
1. Defendant agrees to pay the sum of $1,154.69, which sum Plaintiff agrees
to accept in full settlement of its claim herein, inclusive of counsel fees and court costs.
2. The sum aforesaid of $1,154.69 shall be paid by the by Defendant, JAMIE
NEIDIGH, to the attorneys for Plaintiff in the following manner:
a. $200.00 to be paid on or before March 27, 2009;
b. $100.00 to be paid on or before the 27th day of each month, beginning
April 27, 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 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 $1,154.69, giving Defendant credit
for any sums actually paid pursuant to the terms of this Stipulation.
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 JAMIE NEIDIGH by first-class, postage prepaid.
We hereby consent to the form and entry of the within Stipulation.
APOTHAKER & ASSOCIATES, P.C.
Attorneys f?? Plaintiff
A Law Firm Engage&in (n11-t;-
F. Scian, Esquire
U JAMIE Nl D GH
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OF THE TARY
2009 APR -3 PM 1: 31
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